Most people believe divorce is a hotly contested legal battle that costs tens of thousands of dollars and takes years to finalize. However, many couples can resolve their differences through “divorce mediation” and avoid a heated dispute in court.
Mediation involves a neutral third party—known as the “mediator”—who facilitates meetings between the couples to ensure they reach their own agreement. The mediator does not determine the outcome, but rather encourages communication, thoroughly examines the facts and circumstances of the divorce, and helps the parties find a solution that is mutually acceptable.
The following are the five main benefits of divorce mediation compared to court litigation:
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Faster – While court litigation can take anywhere from nine months to even two years or more, the average overall time frame for mediation is a few months. The main reason is that divorcing couples can participate in mediation anywhere—whether it’s in the mediator’s office, the family home, or another location—and anytime, including evenings and weekends. In contrast, couples are subject to the busy court docket, which means court hearings may occur months apart. Additionally, each spouse’s lawyer must find time out of their busy schedules to meet and discuss the divorce.
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Less expensive – As we mentioned earlier, a court-litigated divorce can cost tens of thousands of dollars to resolve, while the average cost for a mediated divorce is between $2,000 and $5,000, which can ensure couples avoid the financial strain of trying to start a new life separately.
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Private – Court hearings are open to the public and whatever is said can become public record. On the other hand, all sensitive matters discussed during mediation remain confidential.
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Mutual solutions – When a judge must decide divorce matters, there is always a winner and a loser. In many cases, neither party is happy about the outcome of court litigation. Mediation enables the spouses to develop creative solutions that they can both agree on.
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Protect the children – A hotly contested divorce can negatively impact children’s emotional and psychological health, especially when they are involved in a high conflict custody battle. Since the mediation process is amicable and respectful, parents learn how to work together and resolve issues. Such skills could translate into effective coparenting and greatly benefit the children.
After the couple resolves their differences, the mediator helps them reach a mutual agreement. Each couple’s attorney can review the agreement and approve it if the provisions are in their client’s best interests.
If you are interested in filing for a divorce in Des Moines, IA, call The Law Offices of Mark R. Hinshaw at (515) 200-7571 or fill out our online contact form today to schedule a free consultation. Our legal team has nearly two decades of legal experience!