Resolving disputes in a mediated setting is highly desired by most judges because nowadays judges find themselves with dockets that are overwhelmed with cases. However, there are advantages to the divorcing parties as well when it comes to deciding matters in mediation, rather than relying on the judge to decide decisions that will effect the rest of the parties’ lives.
Resolving disputes in mediation can be much more cost effective for the parties’ involved than going to court. By resolving matters between themselves, they avoid a hearing that may include witnesses and experts not to mention pleadings and proceedings like discovery and depositions.
Divorce mediation can speed up the time that it takes to get divorced. The faster that disputes are resolved and agreed upon by the parties, the quicker that a divorce can be finalized.
Mediation can also give a party confidence that they have made an agreement that they can feel good about instead of putting the matter into the hands of a judge or jury and hoping that the outcome is either in their favor or at the very least something that they can live with.
Mediators have been trained to find a middle or common ground. Often times a stubborn party may see the errors of their way in the course of mediation. Many times bargaining chips can be used to seek compromise. It is done in a private setting and in the presence of the attorneys that represent both parties. Everything is in the open. Both parties have a say and no discussions are going on behind their backs.Homes, finances, children, and belongings are valuable assets that are often what a person’s life is made up of. Mediation gives both the defendant and the plaintiff more of a say in what is about to go on in their life.
The worse things that can happen in mediation are that no agreements can be made or during the course of communication the parties’ admiration for each other reignites. It is worth the chance.Couples that are divorcing are wise to work things out in mediation and keep more of their assets for themselves rather than paying it to lawyers to figure it out for them. If a party ends up with less than what they wanted at least they will know that it was because they compromised and not because a judge decided it that way.
One may have had less control than was desired during the course of a marriage, but mediation can help maintain or even obtain control over certain issues during a divorce.