Why Choose Mediation Over Litigation for Divorce?

Uncontested divorces have become increasingly prevalent in Roswell, Georgia and there is a reason why.

Research shows that between 80 and 90% of divorce cases in the Peach State are resolved before contested hearings. A reputable and experienced family law attorney in Roswell, GA, (who is focused on your interests) should advise you to avoid a contested divorce if at all possible, to preserve your assets rather than depleting them in legal expenses.

This won’t make sense for all divorcing couples, and sometimes is not an option, depending on the issues and if either or both spouses are being unreasonable or have addiction or psychological issues. For example, complex divorce cases involving high net worth individuals, businesses, multiple real estate holdings, often require contested divorce hearings.

However, some couples will benefit from choosing mediation vs. litigation. By the time the mediation process ends, a couple where both parties are willing to be reasonable and mediate in good faith, will have completed what could otherwise become an uncontested divorce.

There are 5 benefits when you select mediation over litigation to resolve a divorce or family law case.

Benefit 1: Provides More Control Over the Eventual Outcomes of Divorces

For couples to participate in contested divorce proceedings, they are turning over their fate and what will impact their future lives, their financial future, and their children’s interests, to a Judge or jury. These couples can hire dedicated family law attorneys to strengthen their cases, but they will ultimately be bound by a decision that a stranger(s) makes (either a Judge or jury), who will not have sufficient time to be apprised of all relevant information to make a fail proof decision.

By choosing divorce mediation vs. litigation, couples themselves will maintain full  control over the outcomes of their divorces. They will create a  divorce settlement agreement and Parenting Plan  that meets their specific needs and is in their children’s best interests, without having to rely on the litigation process to help them do so and risking the unpredictable fate of a flawed decision by a Judge or jury.

Benefit 2: Moves the Divorce Process More Quickly

An uncontested divorce in Georgia typically takes anywhere from three to six months from start to finish. Contested divorces, on the other hand, customarily  last for a period of up to two or more years, before the Trial Court has availability to schedule a final trial for your case.

By utilizing an alternative dispute resolution (ADR) process like mediation , divorcing couples will always  speed up the divorce process significantly, without overlooking vital issues like child custody, spousal support, property division, and more importantly,  without risking a flawed or unworkable outcome.

Benefit 3: Keeps Divorce-Related Legal Fees to a Minimum

The average cost of a contested divorce in Georgia is between $20,000 and $50,000. The price can be much higher depending on the circumstances surrounding a couple’s divorce. For instance, high net worth divorces might call for more court hearings and larger legal fees and will often require additional fees incurred by a financial expert to sort out the assets.

Likewise, cases involving addiction or psychological issues will often require other experts such as a Guardian ad Litem or Custodial Evaluator, further increasing fees and legal expenses.

The average cost of an uncontested divorce in Georgia may be under $5,000, depending on if both parties and their attorneys are reasonable and they are focused on reaching a fair and prompt resolution. Whereas lengthy discussions about child custody and other issues involving children, or complicated assets will often increase that amount, uncontested divorces resolved amicably such as through mediation will always save couples money.

Benefit 4: Enables Couples to Maintain Privacy Throughout Divorces

Contested divorce proceedings in Georgia are open to the public and offer no protection to couples from airing their dirty laundry. This could present problems for high net worth or well known couples going through divorces.

To the contrary, mediation sessions in uncontested divorces are held privately. This alone could be reason enough to encourage some couples to choose mediation vs. litigation.

If privacy is a significant concern during your upcoming divorce, mediation is worth considering.

Benefit 5: Improves Couples’ Communication During and After Divorces

Often times during contested divorces, couples rarely communicate with one another. Instead, they let their lawyers lead the charge in courtrooms and speak on their behalf.

The opposite is true during mediation sessions designed to help couples reach their own agreements (with the assistance of their attorneys) and file for an uncontested divorce. While  a good and experienced mediator  should help divorcing couples keep their negotiations moving, it will be up to the couples to communicate and compromise while working toward agreements.

This exercise can facilitate and even promoted productive communication between divorcing couples, both while they’re going through the mediation process and after they finalize their uncontested divorces. It could be the key to promoting  productive and healthy communications after divorce and aide in preventing future  co-parenting issues that impact their children.

Is Choosing Mediation vs. Litigation the Right Decision for You?

Are you and your soon-to-be ex-spouse on speaking terms and willing to try mediation? Are you both willing to be reasonable and mediate in good faith?  Have you both chosen reasonable attorneys who are focused on your best interests vs. generating more fees? In those events, choosing mediation vs. litigation could work well as you seek to go through an uncontested divorce.

However, mediation isn’t the right choice for everyone. If you’re preparing to endure a high net worth divorce or a divorce from a spouse who is unreasonable, or suffering with addiction or psychological issues, then litigation may be the only option to achieve a fair outcome for you and your children.

Chambers Family Law can provide the legal services you need to perform property division during a divorce and take on your other challenging topics to achieve the outcome you deserve, whether through mediation or litigation.

Call us at 404-795-5092 to discuss your case with an experienced divorce attorney.