Over the years, we have found that many clients are hesitant to enter mediation. When most people think of divorce, they think of long processes involving layers of lawyers, judges, and court dates. As a certified mediator, I try to steer my clients toward mediation whenever possible.
Litigation is a viable solution to complete a marriage dissolution, but in many cases, it is not the best option. Mediation has many benefits to both parties:
It is generally less expensive.
It gives both parties more input on the decision.
It is proven to lead to longer-lasting outcomes.
Cost
In many cases, mediation is a much cheaper option than litigation. There are a variety of reasons for this. Generally, mediation occurs over a few short sessions - negating the expenses of filing multiple court documents and appearing time after time.
Around Carmel, we have an excellent group of mediators to choose from. Mediators are generally attorneys who have practiced family law for years. They understand the law, our local judges, and the court system. This experience helps them create fair and equitable outcomes.
Mediation can happen with attorneys present, or it can be done directly between the clients. Mediation without attorneys is called pro-se mediation. In this circumstance, the mediator guides both parties through the process and helps prepare court documents. In most cases, the entire mediation is completed in a single day. This keeps the cost low, and the parties split the total fee.
Equity
We have a great group of judges around Carmel in Hamilton and Marion Counties. They are thoughtful, insightful practitioners who work hard to find the right balance in every case.
However, when we litigate a divorce, we are leaving the ultimate decision in the judge's hands. Very seldom does one party "win" and the other "lose." Instead, both parties are likely to be disappointed because the judge does not consider the emotions and nuance of each division of assets, parenting time, or child support.
You will likely have points that you are willing to negotiate, and others that are deal-breakers. The judge will not consider this, but a mediator will work with both parties and consider these factors.
Long-Lasting Outcomes
We've established that mediation is a more collaborative and thoughtful way to work through a divorce. It gives both parties more input on the proceeding, and it allows for supervised negotiation from a qualified attorney. This process leaves both parties feeling as though the outcome was equitable. Recent studies show that mediation leads to better, long-lasting results, particularly for parents.