A mediated divorce typically costs 40% to 60% less than a litigated divorce.
Going through a divorce can be one of the most stressful things we ever experience. When a couple can’t come to an agreement on their own in a divorce, using divorce mediation can be incredibly helpful. Divorce mediation has become more popular as more couples seek a less adversarial process that isn’t as financially and emotionally draining as litigation.
At Banks, Stubbs & McFarland LLP, we have extensive experience in the process of divorce mediation. We’re experts in family law. Through mediation, we help our clients effectively resolve disputes that arise in a divorce or child custody dispute.
A successful meditation can help you avoid contentious and drawn-out court proceedings which saves time and money. If you are interested in divorce mediation, we are here to help. Contact our experienced Atlanta mediation lawyers today to schedule your initial consultation.
The process of divorce mediation allows two divorcing parties or those with a dispute related to another family law matter to agree outside of the courtroom. Each party hires his or her legal representation. The parties meet and present their sides of the dispute to a neutral third-party mediator. The mediator, also called a facilitator, works with each of the parties. The goal of the mediation process is to allow both parties to share their goals and find a solution that is acceptable and fair to both sides.
When couples divorce through the court system, the process can become adversarial, even when the parties agree to be civil in the beginning of the process. Our legal system is, by nature, adversarial. One party presents evidence, and then the other party can challenge that evidence.
Unlike the adversarial court process, mediation allows both parties the time and space to present their goals without demeaning the other party. At the beginning of the process, both parties agree to make a serious effort to resolve disputes in a fair manner outside of the court process.
Instead of presenting evidence to a judge, the parties present their points to a third-party, neutral mediator. The third-party mediator does not represent one party over the other party. Instead, they carefully listen to both parties and provide direction to both parties as they go through the process.
At Banks, Stubbs & McFarland LLP, we are trained in all of the areas of family dispute mediation. We use our experience to advocate for your best interests, while at the same time working with the other party and the third-party mediator to resolve your divorce or custody issue amicably.
Mediators don’t take sides. They don’t criticize or judge the parties involved. Instead, they seek to help the parties arrive at an equitable and fair settlement agreement that works for everyone involved.
At Banks, Stubbs & McFarland LLP, our experience in divorce litigation, as well as in mediation, allows us to provide informed legal advice for our clients as they go through the mediation process. We will ensure that the mediator continues to work for both parties and that our client’s interests are represented during this non-adversarial process.
When you choose to use mediation, you don’t need to wait until the end of an adversarial trial process to see how the judge rules your case. Instead, you will be able to actively participate in the outcome of your divorce or child custody matter. You will be able to discuss challenging issues with the other party in a non-confrontational way. Litigation requires a win-lose mentality, while mediation offers a win-win mentality.
Family law mediation benefits children greatly. No matter how hard parents try to avoid involving their children in divorce litigation, it is almost impossible to keep children out of the conflict. Parents may become angry toward the other parent and lose sight that their high-conflict divorce could result in significant emotional damage to their children. When parents experience less stress, children will also experience less stress.
When parents arrange a child support agreement through family mediation, studies show that the child support is more likely to be paid a year or more after the court enters the agreement into the record as a judgment. Perhaps this successful result is because the parent paying the child support feels more involved in the child support determination process. The mediation process can also result in better child-parent relationships overall when compared to parents who go through the litigation process.
The fact that family law mediation is confidential is incredibly appealing for many of our clients. Confidentiality agreements bound divorce mediators, and everything you say during mediation sessions is and remains confidential.
Trials, on the other hand, are public record and therefore not confidential in most cases. Most of us don’t want to air any of our challenging family situations in public.
Children also benefit from the confidentiality of the process. When it comes to mediated cases, the only information available in open court is the agreement that you and your co-parent arrive at yourselves. Nobody will have access to the negotiations and discussions that took place before you come to a final agreement.
Another major benefit of family law mediation is that it costs less. During the litigation process, all communication needs to go through an attorney, causing the process to take longer and more hours to be billed.
In a mediation, the parties can speak face to face with their professional mediator. By allowing direct communication, all aspects of the divorce process become less cumbersome. Effective mediation will often result in a better outcome and a substantially lower cost overall for the parties involved.
In fact, the American Bar Association states that divorce mediation costs anywhere from 40%-60% less than a litigated divorce. This is most likely due to the fact that mediation usually is faster which requires fewer billable hours from attorneys on both sides.
At Banks, Stubbs & McFarland LLP, we understand that mediation will not work for everyone. We encourage couples to consider the process of mediation, however. If you’re interested in family law mediation for your dispute, child custody, or other family law matter, we can help. Contact our law firm as soon as possible to schedule a consultation. We can discuss whether going through the divorce mediation process would benefit you and your family.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.