Cost Efficiency
Because each family
law matter is unique, it is difficult to accurately predict the costs of
a case's resolution. Despite this, one fact almost universally
understood is that divorces can be expensive.
While some costs of
divorce are unavoidable (e.g., filing fees and in some instances, service
fees), others can be mitigated or done away
with if the parties enter the process with a resolution-focused
mindset. Resolving a divorce through mediation eliminates
the need to take the case to trial, which ultimately can save thousands of
dollars in legal fees.
Time Efficiency
Many counties in
Georgia require parties to attempt mediation prior to setting a
final hearing date. If the parties are able to settle all issues through mediation, the need for expansive litigation will be
eliminated, leading the case to a final resolution much sooner.
The timeline for each divorce is dependent on the unique circumstances of the case. However,
resolving a divorce through mediation can eliminate months, or even years, which would otherwise be spent litigating.
Confidentiality
When divorces are
litigated in court, the hearings are open to the public and the proceedings
become a matter of public record. This means the issues discussed in your
divorce case, often highly personal, will be memorialized and
thereafter accessible for public viewing. One way to avoid this is by resolving
your case through mediation.
All information
gathered during mediation is confidential and privileged. The mediator, the
parties to the divorce, and their respective counsel are bound to the duty of
confidentiality. Parties are typically required to sign an agreement prior to
the mediation stating they will not subpoena the mediator or any document(s) resulting from the mediation in a subsequent court action. The confidential
nature of mediation affords parties the comfort to communicate openly to
facilitate an agreement, without the fear of their personal affairs being
exposed for public scrutiny.
Flexibility
When handling a
divorce case through litigation, the parties are tied
to the court's schedule. Because of case backlogs and busy court calendars,
parties often have to wait several months for a final hearing. Resolving a case
through mediation gives the parties the freedom to coordinate with each other
and the mediator to schedule a mediation date that is convenient for
everyone involved.
Empowerment and Autonomy
When litigating a
divorce in court, the parties are afforded the opportunity to advocate for
their positions in a reasonable and timely manner. However, the process and
content admitted is largely controlled by courtroom procedural
guidelines, and the ultimate decision-making power lies with the judge hearing
the case.
Although mediators
typically encourage the parties to focus on the legally-relevant material, the
mediation process affords the parties to discuss issues which may not be
admissible in court. While judges typically prefer to defer to traditional
practice norms, mediation allows the parties to negotiate for customizable
solutions based on their unique goals and needs. Decisions made by a judge are
legally binding, while the purpose of mediation is simply to facilitate
discussion between the parties, resulting in a mutually agreeable settlement.
Although mediators do
work with the goal of guiding the parties to a resolution, they cannot force
the parties into an agreement. In meditation, the ultimate power lies with the
parties. As a result, parties who settle through mediation are
often more satisfied with the outcome of their case than those who litigate their divorce and are bound by
the ruling of a judge.
Amicability
Litigation is an
inherently adversarial process. Mediation, on the other hand, is designed to
facilitate a mutually agreeable compromise. Mediators encourage the parties to
work together to develop a plan which incorporates each side's needs and
interests. Ending a divorce through mutual collaboration and respect sets the
foundation for an amicable post-divorce relationship between the parties, which
is particularly beneficial for those who share children and will have to
continue co-parenting after the resolution of their case.
Better Compliance
As previously
mentioned, clients who settle through mediation tend to be more satisfied with
the outcome of their case than those who finalize their divorce through
litigation. As you might imagine, clients typically find it more palatable to
abide by the terms of an agreement when they had a hand in creating it.
Research shows that mediated agreements garner higher rates of compliance than those that have been court-ordered.
Written by: Katie Morgan Johnson