Baron Law & Mediation | Blog

February 04, 2016 Allan and Amy Beth Baron

Deciding Between Divorce Mediation and Traditional Litigation

Categories: Divorce Mediation

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So it looks like you are going to get divorced. Fear, anxiety, uncertainty is normal. Choosing between divorce mediation and traditional litigation happens to everyone who seeks out legal separation. 

Divorce Mediation:

  • Performed by a professional mediator who:
    • Works with couples helping them address all the topics necessary when going through a divorce
    • Face, minimize and control feelings of fear, anxiety and uncertainty for everyone involved
    • Works to a fair resolution 

Traditional Litigation:

  • Legal system handles your case:
    • A longer, more expensive process
    • Ultimately, results are usually the same or similar 
Deciding to use mediation as a process for divorce is thought to be a more civilized, less expensive, and healthier way to proceed. However, if you cannot answer yes to these 7 questions, you are probably headed down the litigation path

1.  Have we both agreed to seek a divorce now?

2.  Have we both gotten past the anger phase of the decision to divorce?

3.  Are we both looking for a fair settlement as opposed to a win-lose settlement?

4.  Are we both willing to identify common and individual goals with the Mediator?

5.  Are we both willing to disclose all income, assets and liabilities to one another and not simply the ones we want one another to know about?

6.  Are we both willing to discuss our cash flow reality now and what it may look like in the future?

7.  Do we both trust that each of us is a good parent?

If you can answer yes to these questions, then get started with your divorce mediation now. 

 

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