The three top reasons to consider divorce mediation over litigation, or even over collaborative family law processes, are what may be described as the "three C's" -- Confidentiality, Control, and Cost-Cutting, as follows:
Confidentiality and privacy: Your signed confidentiality agreement in mediation will allow you to keep all of your private information about your children, your personal issues, your property, and your finances out of the public court records. During litigation, and when engaging in collaborative law process, all of your private sensitive issues are revealed to people who you may not know. Most of what you consider private facts becomes part of the public record for complete strangers to view. Most importantly, in
Control: Do you really want to give the control over the decisions about your life and your children's lives to a judge, an arbitrator, or others who don't know you, your needs, or your desires? Delegating authority to a judge or another person to decide important issues about your property, your finances, and your children
Cost-Cutting: Although your experienced attorney-mediator may charge an hourly rate that is comparable to what an individual divorce attorney would charge each of you, in mediation, you're sharing (normally proportional to income) in the expenses. Additionally, since you are meeting together (rather than separately) and providing documents without subpoenas and extensive time-consuming discovery, you eliminate the huge expense of back-and-forth calls and correspondence between
Mari Frank is a divorce attorney-mediator in Laguna Niguel, CA (Orange County). She has been featured on numerous national television shows including 48 Hours, Dateline, NBC Nightly News, and The O'Reilly Factor and in newspapers across the nation including the L.A. Times, The Washington Post, and The Wall Street Journal. She can be reached at (949) 364-1511. View her website and Divorce Magazine profile.