The legal system is inherently adversarial. It’s based on winning and losing. Nobody wins in a family law battle, especially not the kids. Studies unanimously agree that the #1 factor determining how well children will fare following their parents’ divorce is the level of conflict they are exposed to.
Courts are unpredictable. They’re also heavily overburdened, with little time to spend on each case. You roll the dice and hope that a busy judge will agree with you. With mediation, you control the terms of the agreement.
Mediation is almost always much less expensive than litigation because both parties typically split the fee for one mediator rather than each paying for a separate attorney. Also, the process emphasizes cooperation not competition, which moves more quickly toward resolution.
A mediated agreement is customized to your family’s specific needs and circumstances; it’s more detailed and personalized than a judgment issued by a court. Because of that, mediated agreements usually are better crafted to work well over time and with the cooperation of the parties who made them.
When you work with a mediator who is also a family law attorney, you can be assured that you are receiving accurate legal information upon which to make your decisions. The mediator does not take sides or advise you about what to do, but both parties are encouraged to consult with their own independent attorneys before signing a final agreement to ensure that it is in their best interests.