Couples going through a divorce in Missouri or elsewhere may choose to switch from litigation to mediation for various reasons. Mediation is an alternative dispute resolution (ADR) process that involves a neutral third party, the mediator, who helps facilitate communication and negotiation between the divorcing parties. Here are some reasons why a couple might opt for mediation:
- Cost Savings: Litigation can be expensive due to attorney fees, court costs, and other legal expenses. Mediation is often more cost-effective because it typically requires fewer hours of professional time and avoids the formal court process.
- Faster Resolution: Mediation often moves more quickly than the court process. The parties have more control over the pace of negotiations and can work through issues in a more timely manner.
- Control and Flexibility: In mediation, the divorcing couple has more control over the outcome. They can work together to find creative solutions that may not be possible in a courtroom setting. The parties are actively involved in the decision-making process.
- Confidentiality: Mediation is a private process, whereas court proceedings are typically public. This confidentiality can encourage more open communication between the parties.
- Preservation of Relationships: If the divorcing couple has children or shares a social or professional network, mediation can be a way to preserve a more amicable relationship. It can foster a cooperative co-parenting relationship, which is especially important if the couple will continue to have ongoing interactions due to shared responsibilities.
- Reduced Emotional Stress: Litigation can be emotionally draining and adversarial. Mediation provides a more collaborative and less confrontational environment, which can reduce the emotional stress associated with divorce.
- Customized Solutions: Mediation allows for more personalized and tailored solutions to specific issues. The parties can craft agreements that meet their unique needs and circumstances.
- High Success Rates: Mediation often has a high success rate in terms of reaching agreements. When both parties actively participate in the process and are committed to finding common ground, they are more likely to achieve mutually satisfactory outcomes.
It’s important to note that the decision to switch from litigation to mediation should be made voluntarily by both parties. If there is a history of domestic violence, a significant power imbalance, or other factors that may compromise the fairness of the mediation process, it may not be the most appropriate option. In such cases, seeking legal advice and considering the specific circumstances is crucial.
At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work. Contact us for a consultation at (314) 314-5505.
