How Divorce Mediation Works

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How It Works

Alternative Divorce vs. Traditional Litigation

The alternative divorce resolution processes of collaborative divorce, mediation, and negotiated settlement significantly reduce the time, expense, and heartache typically associated with divorce. Unlike litigation which results in a “win/lose” scenario, non-adversarial process options result in a “win/win” scenario.

When you remove the atmosphere of war the dynamics of the divorce change dramatically.

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Alternative Divorce Resolution

Adversarial Litigation

Out of court.

Resolutions derived from out-of-the-box thinking, creative problem solving, and open and honest negotiations help spouses reach a mutually beneficial agreement that works for the entire family.

In court.

Resolutions governed by complicated statutes and case law leave no room for creative problem solving. Resolutions imposed by a judge or by agreement rarely benefit both parties mutually.

Attorney-driven negotiations.

Attorneys reach agreements with limited input or participation from clients. Divorcing spouses feel depleted, exploited, angry, and irrelevant to their own lives.

Client-driven negotiations.

Divorcing spouses are active participants in control of determining the next chapter of their lives. Both parties feel empowered and satisfied by contributing to a result based on mutual respect.

Efficient.

Clear agendas established and followed in scheduled meetings produce action items for both spouses and serve as basis for future agendas. On average, alternative divorce cases resolve by agreement in one-third of the time of litigated divorce.

Inefficient.

The arbitrary rules and timeframes of litigation result in countless wasted billable hours. Adjournments and unproductive conferences impede progress and drain the financial resources of the family.

Low incidence of compliance.

Future co-parenting and financial relationships imposed by a judge or established in an agreement entered after emotional and financial trauma increase the likelihood of enforcement litigation.

High incidence of compliance.

Spouses who play an active role in creating an agreement that takes everyone’s needs into consideration are far more likely to abide by the terms. Reduced failure to comply creates lower incidence of costly future litigation.

Calm.

A calm, private, and supportive environment encourages sound, well-reasoned and unpressured decision making, resulting in a more positive future relationship — particularly regarding co-parenting.

Chaos.

A highly stressful environment, filled with the emotional and financial pressures of adversarial litigation, results in poor decision making. Agreements are borne of frustration and exhaustion, rather than a measured accommodation of each party’s needs.

Destruction.

Ends a marriage, creates a void, and destroys the foundation of the family. The system lacks the capacity to support the formation of something new and positive.

Creation.

Restructures a family by redefining parental and financial roles and responsibilities in a healthy and supportive environment.

Less costly.

A matter moves at a pace set by the couple. Scheduled meetings are productive and streamline the discovery process. On average, cases resolved by collaborative divorce, mediation or negotiation are resolved for one-third the cost of litigation.

Cost prohibitive.

A matter moves at a pace determined by the court and attorneys, often wasting countless billable hours on motion practice and unnecessary court conferences.

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Couples who resolve their divorce through mediation often experience better emotional well-being post-divorce. ADR Law supports you through every step with care and professionalism.