What are the advantages of using mediation over litigation in a high-net-worth divorce?

By Heather Collier and Erik P. Arena
January 15, 2018
What are the advantages of using mediation over litigation in a high-net-worth divorce?

There are definite advantages for using mediation rather than litigation for high net-worth cases. Litigation is a rigid process and the remedies available when the court decides a case are limited. Mediation and mediated agreements provide the opportunity for flexibility and developing creative solutions that take into consideration the complex financial and asset structures in play with many high net-worth individuals and their families; including the ability to work with financial and estate planning regime that the family may already have in place, complicated tax consequences, and the longer term impact of the divorce.

If a case is litigated, a lot of information ends up in the public record available for all to see. While you can make a request to see or shield a part or all of the court files, the bar is high and it can be difficult to accomplish. Resolving the issues in mediation ensures that almost no information makes it into the public record, a significant advantage for all families and something that may be of critical importance to a high net-worth or high profile individual. Any agreement is shielded from public inspection as a matter of course in our circuit court.

Family lawyers Heather Collier and Erik Arena are partners at Dragga, Hannon, and Wills law firm in Rockville Maryland. Heather has been recognized as a “Super Lawyer” in the area of family law for the fourth consecutive year, and selected to the Super Lawyers’ list of Top 50 Women Attorneys in Maryland. Erik has also been named a “Super Lawyer” in family law, and a “Best Lawyer” in Maryland family law by Best Lawyers in America. To learn how Heather, Erik, and the team at Dragga, Hannon, and Wills can help you choose the right dispute-resolution process for your divorce, please visit DraggaLaw.com.

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January 15, 2018
Categories:  FAQs

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