Monday, February 16, 2009

Mediation vs Litigation

There will always be a great debate between “Mediation” and “Litigation” especially when it involves divorce. Meet The Elite polled some of our top Mediators and Attorneys to find out their pros and cons on the subject. Feel free to comment and share your thoughts below.

Mediation Pro’s

1. Overall Better Family Outcomes
Parties who can work out their differences often find better solutions than a court. The court doesn’t understand the dynamics of the family in question etc.

2. Better for the Children
By avoiding a nasty trial, it can lesson the traumatic effect on your children. The bitterness that results from a contested hearing can last for years, and affect the relationship with your former partner adversely.

3. Overall Cost
Mediation is usually a great deal less expensive than litigating issues in court.

Mediation Cons:

1. Likely Won’t Get Along
Because the decision of the mediator is not binding, the parties must be committed to reaching an agreement. If one or more parties are not ready to agree, the mediation process is frustrating and waste of time.

2. Long Term Pitfalls
Mediators are usually not lawyers, and some agreements drafted by mediators are poorly drafted and cause problems later when a court has to interpret the agreement.

3. Not As Cheap As You Think
Sometimes, attorneys must still be involved, which increases the cost of the mediation.

(Click Comments) To Share Your Thoughts

1 comment:

Anonymous said...

My husband and I got divorced about 2 years ago. We thought mediation would be the cheapest and best way to seperate. However after about 1 week it got alot more personal then i thought and we ended up needing to get our lawyers involved.