|
SETTLEMENT
AGREEMENT...
In litigation,
parties are often left with agreements that do not serve their
needs and seem unfair to one of them, because many decisions are
forced upon them by their lawyers. As a result, agreements are often
sabotaged and not carried out.
Mediation
helps a couple to resolve issues and find practical, fair solutions that
work for both of them. Research shows that such agreements are usually
fulfilled and couples in general feel in control of their own lives.
TIME
and MONEY...
Adversarial
divorce usually takes a year or more to complete, depending on how
complicated the issues are. The cost of litigated divorce can be
enormously high. It runs from at least $6,000 up to $50,000
and even higher.
Mediation
process resolves the issues within a few months, even though issues are
complicated and relationships are strained. The amount couples spend on
mediation would vary depending on complexity of each case.
However, it rarely
exceeds $6,000.
RELATIONSHIPS...
The
emotional chaos the couple ends up in after a litigated divorce
may take a huge toll on their healing process. Years of therapy
will not always resolve the issues and might not let you turn this page
to move on with your life. According to statistics, bitter
divorce is a fertile ground for failing new relationships. Anger
and frustration do not let people realize what went wrong. Thus, they
are not shielded from making the same mistakes again.
Mediation
process teaches people to be in control and express their feelings
openly. It helps
separate emotions from real issues, overcome the anger and see
beyond it. Thus, everyone benefits and deals with problems
constructively. Mediation helps to put lives back on track.
Couples, who mediate their divorces, have much better chance in
succeeding with their new relationships.
CHILDREN...
Divorce
battles tremendously affect lives of the children. Their emotional scars
may last a lifetime. Their chances to overcome stress created by a
divorce are slim. Parenting schedule and child support are difficult to
enforce and are impossible to change without appealing to a court. As a
result, in litigated divorces, child support is carried out by 20% and
visiting parents see their children once a month.
Mediation
helps to restore an equilibrium within the family. Therefore, children
are in a much better position to overcome the devastation of divorce and
return to their every day life activities. Parenting schedule and child
support can be altered without court involvement. All issues are
discussed and may be changed according to the children’s needs.
Therefore, agreements are usually fulfilled by the parties.
CONFIDENTIALITY...
Litigated
divorces are not overly concerned with confidentiality. Sensitive issues
are not handled delicately either and whatever dignity is left is
broken with litigation.
In
the beginning of a process, a trained family mediator in good standards
shall present a couple with a contract. According to the Code of Ethics,
confidentiality is one of the important issues that is preserved as long as
it is not life threatening to both parties and to others.
Home...
|