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Consider Mediation Before Litigation

Although many people associate divorce with a fight, nothing says it has to be that way. Many couples make the conscious decision to come to an agreement without having to put their issues in front of a judge. Some people may make the mistake of thinking that this equates to giving up. Your friends and family may urge you to take your battle to court to get what is rightfully yours. What if there is a better way to do that? 

When you go to court, you give up any power to influence the outcome. You can no longer negotiate, and when the judge makes a decision, there’s no guarantee that you will walk out of the courtroom with what you wanted. By taking your unresolved issues to mediation, you are committing to at least being open to a solution. Furthermore, you are accepting your role in finding it. 

What are the Downsides?

To be upfront, the benefits significantly outweigh any disadvantages you can come up with. If you are hesitant to spend the money on mediation, understand that the cost is marginal compared to litigation—and the process is faster. Secondly, everything you say is confidential. Even if you and your spouse leave mediation without reaching an agreement, the judge will not be privy to what was said. You and your spouse can have your own attorneys with you throughout the process so you won’t negotiate alone. In many cases, the spouses aren’t in the same room, and the mediator deliberately walks between rooms to limit confrontation. 

One thing to consider is the mindset and nature of your former spouse. If they are unwilling to negotiate and they see your divorce as a means of retaliation, then you should explain this to your attorney. Although pursuing litigation is costly, draining, and time-consuming, there are scenarios where it is the best (and only) option. The point remains that you should consider mediation before deciding to go to court. If you are unsure what to do, trust your family law attorney and let them guide you in the right direction. 

A Common Issue in a Divorce

Due to how emotional and stressful a divorce is, one spouse may be inclined to demand things such as sole custody. Or, maybe they are attached to keeping the house. Although your spouse may be convinced that this is what they are entitled to, the law will likely say otherwise. Mediators are neutral third parties, most of whom are attorneys who have received additional mediation training. 

Mediators with a legal background can work with people who make unreasonable demands by explaining how their requests will be handled in court. Additionally, mediators convey this advice in a way that doesn’t feel aggressive or accusatory. They aim to guide the discussion toward a resolution you and your spouse can agree to. 

Learn More about Mediation with Empowered Family Law, P.C.

At Empowered Family Law, P.C., we are deeply committed to helping you start the next chapter of your life. We encourage people to consider mediation because it promotes collaboration and develops the type of relationship you will need as a co-parent. To learn more about mediation or meet with a family law attorney, contact Empowered Family Law, P.C. to schedule a consultation.

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Empowered Family Law, PC

With Empowered Family Law, you get an advocate who sees difficulties as opportunities for growth and emphasizes healing and problem-solving no matter how challenging your case.

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