Divorce is never a fun process, but there are some things you can do to make everything a little easier on yourself and on your family. One thing that can make things go more smoothly is if a couple can avoid litigation and settle their case in mediation. You can still enlist the help of your Utah divorce attorney in mediation, but you can save yourself the headache of court appearances and interference. Mediation and litigation differ in many areas, including the topics discussed below.
Cost: Mediation takes much less time, and therefore less money, than going to trial. The hourly bill for your combined attorneys will be much lower if they don’t have to spend time making court appearances. A divorce that must be settled in court usually costs upwards of $30,000, whereas mediation usually costs less than $5,000.
Flexibility: If your divorce has to go to trial, a judge will be deciding the terms of your divorce and you won’t have much power to amend his or her decision. In mediation, individuals can be more flexible about the terms of the divorce and tailor the agreement to meet the specific needs of their family. If changes need to be made, it’s much easier to make them through mediation.
Stress: Mediation is a more comfortable, informal setting that encourages the parties involved to communicate openly and get things taken care of. Litigation is stressful, impersonal, and frustrating. A courtroom setting can fan the flames of an already tense situation and make working together more difficult. It’s better for all of the parties involved, including the children, if a couple can sort out their differences in mediation rather than having to go to trial.
Privacy: Divorce proceedings require several appearances which are open to the public. Everything that is discussed and decided in these hearings goes on public record that can be viewed by anyone. In contrast, mediation is a private, confidential affair where only the only people present are the mediator, the divorcing couple, and possibly their attorneys.
Time Spent: The average divorce by litigation takes around two years to complete, as parties wait on court appearances and try to sort things out in between them. A divorce that is handled through mediation takes on average 3-6 months. This is a significant difference when considering how beneficial it is for parents and their children to have the whole thing resolved and be able to settle into their new routines.
If a couple can handle their divorce through mediation, it will be easier on the whole family. However, if communication is broken down and mediation isn’t providing solutions to the problems, litigation is there to help. A qualified attorney can help you to know when to give mediation another try and when to protect yourself by heading to court.