Litigation and contested hearings are not always the best way to legally end a marriage. In fact, when couples are willing and able to work with each other to figure out the issues of their divorce, mediation can be a much better alternative. Here’s how and why.
Call 303-832-4200 or contact us online for confidential answers about divorce mediation in Colorado.
Four Benefits of Mediation during your Divorce
Going to mediation versus going to court for your divorce can yield entirely different experiences and outcomes. In fact, one of the key differences between the two processes is the fact that YOU get to be in the proverbial driver’s seat during mediation whereas a judge will step into this role if your case goes to court.
In many cases, that difference has the potential to provide a handful of important benefits, like (but not limited to) the following.
1. You set the divorce mediation schedule.
You and your ex will pick the dates for when to meet with a mediator (and your respective attorneys) to discuss the issues of your divorce. That means:
- You don’t have to wait for the court’s schedule: Family courts are notoriously overloaded, and a divorce case may have several hearings and proceedings. Each of those could be weeks or months apart if you’re bound by the court’s schedule. That can drag a case out, whereas mediation is on your terms and timing. As long as 91 days have passed since you filed for divorce, a complete settlement in mediation means that you both can move forward with your lives much more quickly.
- You aren’t bound by the court’s hours: If weekends or evenings work better for you, you have the freedom and flexibility to schedule mediation during these times (as long as it works for the other parties and professionals who need to be involved).
2. You get a chance to find creative solutions.
In mediation, you have the freedom to devise alternatives that the court may not consider. From working out parenting plans to finding compromises in asset division and spousal maintenance disputes, mediation can open the door for exes to figure out unique solutions that fit their needs. These can be far better than the resolutions a judge, who doesn’t know you as well, may order if the case goes to court.
Plus, any negotiations that occur during the mediation remain private. That can be a huge incentive to working out certain issues, especially sensitive or financial matters, in mediation, instead of in the courtroom where the details would become part of the public record.
3. Your divorce may be resolved faster.
If you don’t have to wait for the court and you can work out all of the divorce issues in mediation, you have good chances of wrapping up your case faster than if you went to court. That means closing the book on stressful divorce proceedings and getting your new life started sooner. It can also mean an end to the uncertainty that divorce can bring up. For many who are ending their marriage, these can be invaluable benefits of the divorce mediation process.
4. You could save money & end up with a better resolution.
The faster divorce cases are resolved, the less they tend to cost. That doesn’t mean you want to compromise your rights when you’re trying to get through divorce. It does mean that you can generally expect lower divorce costs if you can resolve your case via mediation, instead of litigating issues in court.
That, paired with the fact that mediation is private and that you have a say in creating the resolutions for your case, can end up meaning better outcomes than you may end up with if you left everything in the hands of a judge.
Divorce Mediation Isn’t for Everyone
As advantageous as divorce mediation can be, it is not always the best option. Divorcing parties who are dealing with any of the following issues are generally better served via the courts:
- Domestic violence: Whether new allegations arise in divorce or there’s a history of domestic violence between a couple, mediation may not be as productive or safe as it should be when this issue is part of a divorce case. However, we have learned during COVID-19 that divorce mediation even in domestic violence situations can be safe with people in separate places.
- Allegations of fraud or other crimes: This can involve anything from hidden assets to bigamy, theft, and other accusations. Whenever criminal accusations arise in a divorce case, additional hearings are generally needed to investigate and resolve those allegations. Those issues will have to be addressed before the issues of the divorce can be hashed out.
- Deep-seated emotions that make compromise impossible: The benefits of mediation are only possible if divorcing parties can work together and find common ground (on at least some issues in their case). If one spouse is totally unwilling to compromise or is intent on “sticking it to” an ex, mediation can dead-end pretty quickly, and the courts will likely need to get involved anyways.
Talk to a Denver Family Lawyer at Littman Family Law and Mediation Services
For more answers about mediation, contact a Denver family lawyer at Littman Family Law and Mediation Services. Our experienced family law attorneys have more than 40 years of experience providing exceptional representation in divorce and mediation cases. We are dedicated to keeping our clients informed, and we work tirelessly to help them achieve their goals. Find out more about how we can help you by contacting us now.
Call 303-832-4200 or contact us online for a confidential, no-obligation divorce consultation.