Divorce Mediation Attorney Reviews The Pros and Cons of Mediation
A divorce mediation attorney is able to create more creative agreements through mediation that save the parties significant time and money. While divorce mediation is an excellent alternative to traditional litigation, it is not for everyone. That’s why it’s important to know the pros and cons of divorce mediation in order to make the right choice for you, your spouse, and your family. Consulting with a divorce mediation attorney should be high on your list of priorities when you’re considering your options.
Traditionally, couples file for a dissolution of marriage in court and each side hires an attorney. However, in many cases, disagreements arise, and attorneys spend more and more time on the case, motion after motion is filed, while the stress escalates and the expenses rise. Ultimately, a judge makes the final decision.
In recent years, divorce mediation has been gaining in popularity in Overland Park, KS and North Kansas City. A divorce mediation attorney can advise you of the pros and cons of mediation and make a recommendation as to whether it will be beneficial in your particular circumstances.
Divorce Mediation Pros
- Cooperation and Creative Solutions: Mediation benefits couples who want to talk through their issues together and work amicably to reach a mutually beneficial divorce agreement and a better custody and parenting arrangement. This can result in a better long-term relationship post-divorce.
- Flexibility and Control: Because divorce mediation gives you more flexibility, you both have more control over the outcome, coming up with solutions that you both can commit to.
- Timely and Cost-effective: Mediation usually takes less time by eliminating expensive, time-consuming hearings and depositions, completion of formal discovery, and hiring outside experts. You share the cost of a divorce mediation attorney.
Divorce Mediation Cons
- Animosity: When there is animosity between the parties, communicating with one another and agreeing on the issues is more difficult. A divorce mediation attorney is trained to assist with conflict and arguments, but you both must be willing to cooperate in order for mediation to work for you.
- Violence or Abuse: In a case where habitual spousal abuse or violence exists, mediation is less likely to be fair and equitable. The abused party may feel too intimidated, and be unable to advocate for himself or herself. If one spouse is dominating and the other submissive, balanced participation by both parties may be challenging.
- Hidden Assets: Financial information in mediation is voluntarily disclosed. If there is a lack of trust about financial disclosure, then more formal discovery may be necessary, such as subpoenas for financial records and the deposition of a business records custodian. When either party has hidden assets, a forensic accountant is required to ascertain the true value of either party’s assets. Additional time and expense will be unavoidable.
Selecting mediation is especially important if children are involved. Mediation allows you and your spouse to effectively and efficiently work through the financial and legal issues, child custody, parenting time, child support, and other issues, preserving the parental relationship long after the marriage has ended.
In some cases, mediation does not end in success, but for many, it can be the best option for reaching a settlement agreement out of court that is mutually beneficial and acceptable to all parties.
Elizabeth Hill is a divorce mediation attorney providing services in Overland Park, Johnson County, Kansas and the Northland in Kansas City, Missouri. Her goal as your divorce mediation attorney is to identify your goals and interest and assist with the creation of a sustainable and durable agreement to support you and your family as you move forward.