Question 1

What are the benefits of pursuing divorce through mediation?

Accepted Answer

One of the many benefits of opting to pursue divorce through mediation rather than litigation is the cost savings. Mediation is simply less expensive than hiring two attorneys to go in and out of court, hold court-mandated meetings, negotiate the terms of the eventual separation agreement, and then work through multiple drafts to come to final terms.

Question 2

Why would someone choose litigation over mediation?

Accepted Answer

The main reason people may choose the "litigation route" over mediation is due to trust issues. Mediation requires full disclosure of all financial interests, and while some mediators are lawyers, they are not permitted to use the "power of subpoena" to access the parties' financial information. In mediation, the parties agree to put all of their financial information on the table.

Question 3

What is the role of the mediator in the process?

Accepted Answer

When acting as a mediator, the mediator is not permitted to use the "power of subpoena" to access the parties' bank accounts, retirement assets, stock portfolios, etc. The mediator's role is to facilitate the process and help the parties reach an agreement, not to have the same investigative powers as a litigation attorney.

Question 4

How does the mediation process work?

Accepted Answer

In mediation, the parties agree to put all of their financial information on the table, and the mediator facilitates the process to help them reach an agreement. This is in contrast to the litigation route, where attorneys go in and out of court, hold court-mandated meetings, negotiate the terms of the separation agreement, and then work through multiple drafts to come to final terms.

Holistic Mediation

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What are the benefits of pursuing divorce through mediation?

Why would someone choose litigation over mediation?

What is the role of the mediator in the process?

How does the mediation process work?

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