Advantages of Divorce Mediation:
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Cost effective (Up to 70% cheaper than litigation)
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Non-confrontational & less hostile
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Empowering and fair
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Convenient and flexible
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Private and Confidential
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Less emotionally draining
MEDIATION
During a period of much uncertainty and emotional stress, family mediation allows separating and divorcing couples to take ownership of the process and control over the challenging road ahead. Divorce mediation is by far the preferred choice of action when parents will be required to co-parent for a number of years to come.
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The basic principles key to divorce mediations are:
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The Mediator is an impartial participant in the process who merely guides the parties to make their own decisions regarding their lives. The mediator is not the judge nor advisor of law.
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The process is itself confidential and without prejudice, neither party including the mediator may use any information disclosed during the mediation against the other party should litigation pursue.
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The process is completely voluntary and either party may withdraw from the negotiation at any time and for no reason.
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Divorce mediation is arguably less traumatic than litigation and is believed to have a more positive effect on the children and the family as a whole.
LITIGATION
The most common option selected these days by the majority of divorcing couples is the “traditional” model of litigated divorce.
“Litigated” does not necessarily mean the divorce ends up in court. Actually, the vast majority of all divorce cases reach a settlement agreement on the steps of the court. “Litigation” is a legal term meaning 'legal action or legal proceedings.'
The most important and most difficult parts of any divorce are coming to an agreement on the children, division of assets and liabilities and payment of maintenance. If your attorneys are unable to reach a settlement, then unfortunately, going to court might be your ony recourse. This whole process can be emotionally draining to everyone involved, especially the children and contentious nature of this approach can also bear a high financial consequence. Once your matter has reached the court, a judge who knows very little about you and your family will be asked to make a final decision about your children, your property and your money.