Mediation is for EVERYONE!

Do you know that most divorce proceedings cost between $30,000 and $100,000?

Did you also know that the only thing in a divorce that the court MUST be involved in is issuing the order for divorce? Everything else (children, property, support) can be agreed upon by the parties with or without lawyers being involved.

Mediation can resolve all of the outstanding issues in your divorce for WAY less than $30,000.

I love mediation! When I was practicing, I used mediation regularly. In my experience, even if there seemed like there was nothing to talk about … there was always something to talk about! And when we got people into a room talking freely – magic would often happen.

That isn’t to say that every mediation I attended was a resounding success – sometimes the process fell apart before it even started. However I would estimate that this only happened in 2% of all of the mediations I ever attended.

The majority of mediations resolved some or all of the outstanding issues and, at the very least, got conversation going. Even if everything wasn’t sorted out in the mediation, more often than not, the parties would reach an agreement shortly after the mediation.

Some of the benefits of using mediation are:

1. It is “without prejudice” – which means that what you say in a mediation stays in the mediation room. This is such a powerful tool – getting people in a room who have lots to say but have been told to say nothing for fear of it hurting their case. You can say things and propose solutions without worrying that it will negatively affect your case.
2. A mediator is seeking solutions, not taking positions. A good mediator will explore both sides’ positions and try to reach a common ground – in essence a mediator’s job is to see both sides while taking neither.
3. The cost for mediation is significantly lower than court – to hire one mediator is cheaper than paying for two lawyers. Additionally, you are only billed for the time spent in mediation and any preparation time or drafting of a memorandum of understanding. This is significantly less than the costs associated with legal proceedings.
4. The process is voluntary – both parties have to want to be there. For likely the first time in your proceeding, both you and your spouse agree on something — even if it is to meet with a mediator and see how things progress.
5. You run the show – the mediation can focus on specific topics or all matters relating to your divorce. Also, the agreements that you reach can be as creative as you are able to imagine. Another thing that is not possible in traditional court.
6. Mediation gives a venue to discuss things that aren’t legal issues but are slowing progress down – for example, if one spouse really feels they need an apology from the other to move on, mediation would allow an opportunity for this apology. There are no legal ramifications to it and it would never be ordered in court, but it may just be what is needed to help everyone move forward.

These are just a few reasons why I love mediation as an option. Please feel free to reach out to us about how mediation may help your situation!