Why Mediation Is Better than Litigation in Family Disputes

September 16, 2019    Blog

family lawDivorce and child custody cases make up the most significant bulk of family law cases presented before courts in the United States. Survey data shows that at least one divorce occurs every 36 seconds. That means there are at least 876, 000 divorce cases each year or 16, 800 cases each day. If all such cases were to undergo litigation, the courts would be overburdened.

Fortunately, mediation is an option. In most cases, mediators are lawyers who specialize in family law. But the mediator doesn’t give legal advice or judge the case. Instead, the mediator facilitates discussion between the parties and creates a space for them to explore their options for resolution. Here, we’ll explore why mediation is preferable for family law cases.

Fewer Expenses Associated with Mediation

Couples mediation processes are less costly, and estimates show that they are 40% to 60% cheaper than conventional litigation. Mediation is affordable because it doesn’t require court fees and other expenses associated with traditional litigation. Furthermore, court cases may take years to resolve, but mediation may only take a few months.

No Public Hearings

Unlike public court hearings that may accompany divorce, family mediation has more client privacy and confidentiality. Information on cases that go to trial is often made available to the public. In mediation, all parties can agree to keep all sessions confidential, and this is important for cases with sensitive personal details.

Mediation May Be Less Traumatic

Court cases pit both parties in a lawsuit against each other. Things can go from zero to 100 in no time. But in divorce mediation, both parties are urged to collaborate and reach an amicable resolution. This cooperation implies that even if you’re not on good terms with your spouse, you can at least discuss pertinent family issues and work together to find a beneficial solution for all parties. Such cooperation doesn’t elicit emotional trauma and stress, which characterizes most court trials.

Relationships Can Be Preserved

Mediation can help preserve relationships, which often get destroyed in the long and dragging litigations. Unlike litigation, which is an adversarial process, mediation is a collaborative process that brings the spirit of togetherness because it doesn’t entail the win or lose feeling commonly felt in court cases.

If you’re undergoing a divorce and you want to preserve your amicable relationship with your spouse, mediation may be the best solution for you. When you invest in mediation services for family law, you’re investing in a more positive solution for everyone.