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5 Reasons to Pick Divorce Mediation Over Going to Court

You are contemplating splitting up and you and your spouse don’t want a fight. You trust your spouse to be honest. You believe your spouse/partner is concerned with not only how he or she comes out of this marriage or relationship, but is also concerned about you and your future. You and your spouse/partner are able to be in the same room (virtual room in most cases), discuss your issues, and reach a solution that works for both of you.

If the statements above fit you and your spouse, you might consider exploring mediation. In the right case, mediation is far better solution than fighting it out in court. Here are our top 5 reasons:

1. You and your spouse/partner “own”  the result:  When you are your spouse/partner jointly arrive at a resolution of your issues together, it is far more likely that you and your spouse/partner will comply with the requirements in the agreement. Judge imposed decisions are not agreements. There is no “give and take” or consideration of issues that, in court, are not considered. Mediation is not bound by courtroom rules and procedures. You and your spouse/partner are free to agree on what best serves the two of you.
2. All issues in your relationship can be resolved in mediation:  In mediation in my practice, we discuss and resolve division of property issues, custody matters, child and spousal support concerns, alimony entitlement and a host of other issues. Whatever you two need to resolve, we can do. As an example, we once had a couple that had two rabbits as pets and wanted to devise a “custody schedule” for the rabbits. We did that. This would have never happened in a litigation or courtroom case.
3. The speed of mediation v. litigation:  Litigation can literally take over a year or two, or more in some cases, to complete. Mediation can be completed in a matter of months. Simply put, with the backlog and long court schedules, going to court to resolve your issues is a far more lengthily process than mediation.
4. Cost of mediation:  There is no doubt that mediation is a far less expensive process than going to court. In most counties in Pennsylvania, each issue to be resolved (division of property, child custody, and child and spousal support) are essentially separate litigations, with separate court personnel and separate court listings. It is very expensive to go to court. Mediation is completed in one process. It is many thousands of dollars less expensive than going to court.
5. Privacy:  Mediation is a private, confidential process. No one but you, your spouse/partner and the mediator will know your business. Conversely, there are many people who will see and have access to your financial, psychological and private paperwork in a court process. This is an important consideration for many people, who might want to keep their family “business” private and confidential.
   Consider mediation if you these issues are important to you and your spouse/partner. We remain available to assist.

Mediation offers a private, cost-effective, and collaborative approach to resolving family matters. For personalized guidance, consult a trusted divorce mediation lawyer to explore how mediation, including child custody mediation, can help you achieve a peaceful resolution.