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Pros & Cons of Court vs. Mediations

Courts

  • Lengthy & time consuming


  • Judges have little time to hear the details of your case, often less than 5 minutes


  • Scheduling conflicts between courts and litigants cause expensive delays


  • You may only get a minute or two to testify about your case


  • Unpredictable outcomes


  • You may have to make decisions about settlement in a split second in a crowded hallway


  • No confidentiality-all court files are public records. Soon, they will be available online


  • Costly--each hour your lawyer spends waiting, you pay, even if no progress on your case is made


  • Stressful


  • Courts by their adversarial nature encourage combat, which is not conducive to a health family life after the legal proceedings are over


Mediation

  • You determine the schedule and issues


  • You control the cost, which is usually about 1/10 to 1/3 the cost of a typical divorce case


  • You make the decisions that you'll be living with


  • You have the flexibility of taking time to consider how a decision will affect your family in the long term. You can try out agreements before you sign the Judgement Agreement


  • Confidential


  • You control the outcome, and because of this, agreements made in mediation typically work better than those negotiated in the courthouse hallway minutes before a divorce trial


  • You can always go to court if it doesn't work


  • Cost-effective


  • Faster


  • Less stressful


  • Healthier for your and your family, since part of mediation is learning to communicate better, which is especially important when children are involved


 


 

 

What is Mediation?
Benefits of Mediation
How Can a Mediator Help?
How Mediation Works
Pros & Cons of Court vs. Mediation
Common Questions
Tips on Mediation

 

 

 
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