Benefits of Mediation- the Attorney Alternative

Making Wiser Decisions – This is not like your parents’ divorce

Anyone divorcing or considering a divorce should consider mediation as an alternative to, or in conjunction with an attorney. Mediation helps all types of couples separate in a manner that decreases costs, stress, and time. With or without attorneys, mediation may be a great solution for your divorce.

Benefits of mediation and avoiding litigation include: 

  1. Economical Decisions: Mediation is less expensive when contrasted to the expense of litigation or other forms of conflict.

  2. Rapid Settlements: In an era when it may take as long as a year to get a court date, and multiple years if a case is appealed, the mediation alternative provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing rapid results.

  3. Mutually Satisfactory Outcomes: Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker.

  4. High Rate of Compliance: Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.

  5. Comprehensive and Customized Agreements: Mediated settlements are able to address both legal and extra-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation.

  6. Greater Degree of Control and Predictability of Outcome: Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated.

  7. Personal Empowerment: People who negotiate their own settlements often feel more powerful than those who use surrogate advocates, such as lawyers, to represent them. Mediation negotiations can provide a forum for learning about and exercising personal power or influence.

  8. Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way: Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties’ interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a relationship more amicable.

  9. Workable and Implementable Decisions: Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.

  10. Agreements are Better than Simple Compromises or Win/Lose Outcomes: Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than simple compromise decisions.

  11. Decisions that Hold Up Over Time: Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.