A child stuck in the middle of a custody dispute can suffer serious psychological harm if forced to choose between their parents. Trained mediators are well versed in how to approach and question a child as to their own wishes without making them feel as if they are turning their back on either parent. Most judges don't want to question a child in a courtroom, as they realize the dangerous implications it can have. When necessary, they will take the child into their chambers to ask questions.
The simple answer to this question is this: far less than going to court. However, the complex answer lies within the participants. A mediator has no way of knowing what emotional factors are going to come into play during divorce settlement negotiations. As these are the factors that will hinder progress, it is difficult to give a straight answer to this question.
There is one point we would like to make regarding litigation, which is that it is not often a friendly process. In matters, such as custody, where parties will be required to communicate for years to come, litigation can create feelings of anger or resentment that affect the parties' abilities to act amicably towards each other. Once arguments in a courtroom open, the gloves come off and the very public war begins.
Just like every couple's relationship is different, so is that couple's potential divorce. With the divorce rate still fairly high, it's not out of the question to figure that a large percentage of marriages will end in divorce. If this is something you are considering, you might be wondering how to get it done.
Any mediation will only be as successful as its participants' cooperation. If either participating party is unwilling to compromise on any matter, it will likely be a waste of time and money for all involved.
Parties who are going into a divorce mediation can be understandably nervous. They don't know what to expect or how the process goes. Many probably envision themselves shut in a conference room and forced to hash out every good, bad, and ugly detail face-to-face, in front of a room full of people. That thought is enough to give anyone anxiety. However, thankfully, it does not reflect how mediation works.
The Massachusetts Trial Court not only offers, but also encourages, alternative dispute resolution in family law matters such as divorce and child custody. As such, they have produced a guide for both represented and non-represented parties detailing alternative methods to reach a resolution outside of the courtroom. Family law matters are among the most stressful types of cases. When disputes can be settled outside of a courtroom, it allows parties to pick up the pieces and move forward with as little damage as possible.
It is common for parties who are just beginning the divorce process to be adamant on destroying one another in a courtroom. However, this is usually before they realize that it is likely going to cost thousands of dollars and several months of time and stress. This, among many others, is the reason mediation can be such a great alternative divorce resolution.
Mediation can be a valuable tool during divorce that can help divorcing couples resolve divorce-related concerns in a peaceful and positive manner. Mediation can help divorcing couples resolve divorce-related concerns including property division, alimony, child support and child custody concerns.
When couples are approaching divorce, they may be looking to avoid litigation. Collaborative divorce and other alternate options for divorce, including mediation, can help divorcing couples who may be seeking to avoid litigation.