Avoiding Litigation With Mediation: How It Works

Litigation often occurs when two parties cannot resolve an issue outside of the courtroom. One person takes legal action against the other person, and the dispute can end up going to trial where a judge decides the fate of both parties. However, divorce mediation is a legal mechanism that exists for the sole purpose of helping people resolve their problems before reaching litigation.

If both parties can come to an agreement using mediation services, they can save an immense amount of time and money in comparison to traditional litigation. Divorce mediation is one of the most common types of dispute resolution used to help couples solve problems outside of the courtroom and diminish stress associated with the process. Let’s examine mediation closer and determine how it works, what it involves, and why it is better than litigation.

Understanding Divorce Mediation

When a former couple decides to end their marriage, they are often encouraged to go through mediation to help resolve issues and disputes. Some people can easily make decisions and cooperate amicably, but that does not always happen. There are often disagreements that occur during the divorce process. Some of the things that former spouses might not agree on include:

  • Child custody schedules
  • Separation of property and assets
  • Spousal support
  • Investments

When two individuals cannot agree on anything, it helps to participate in mediation sessions. Here, they can meet with one another, their attorneys, and a mediator in an environment where everyone is striving toward a concord. The mediator listens to each person and tries to help both parties recognize common ground.

How Long Does Divorce Mediation Take?

The length of time that divorce mediation requires will depend on numerous factors. While the process usually takes around six months, sometimes it can be shorter. A single mediation session typically lasts for about three hours to provide both parties with enough time to discuss important subjects and work on compromising with each other.

In some instances, a former couple can reach an agreement after a single mediation session. It ultimately depends on their willingness to cooperate. If both parties want to resolve the situation sooner rather than later, they may move forward with a resolution at a faster pace.

What Is Arbitration vs. Mediation?

Arbitration is a process that involves attempting to resolve conflicts without taking those conflicts to the courtroom, but it does differ from mediation in some ways. During the arbitration process, both parties get to tell their side of the story and bring forth any evidence that would help the arbitrator make a final decision. In mediation, the mediator does not make a decision. Instead, the mediator remains neutral and attempts to get both sides to agree to something.

The Law Offices of James C. DeZao, P.A., Does Mediation

Are you currently facing the arduous and time-consuming process of divorce litigation? Avoid the hassles associated with litigation by hiring an experienced and professional mediation attorney to guide you through the process. The Law Offices of James C. DeZao, P.A., regularly handles mediation sessions between former couples. We can save you time, money, and stress by creating a settlement out of court for your divorce. Call us today at (973) 358-6134 or contact us online to schedule your free, confidential phone consultation.

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