Can Mediation Work for My High-Conflict Divorce?
A divorce would be characterized as high conflict when there is a large degree of animosity between the two spouses. In such a case, it may be tempting to litigate your divorce by going to court to battle through every element of the divorce and have a judge render all the final decisions. However, there are significant drawbacks to this approach. Firstly, it costs more money, takes more time, and all decisions rendered are a matter of public record. In this article, the Rockland County divorce lawyers at the Law Office of Robert S Sunshine will discuss high-conflict mediation strategies and how you could benefit from mediation even if your divorce is high-conflict.
Why mediation is superior to litigation
There are three important reasons why mediating a divorce is superior to litigating one. Firstly, mediated divorces tend to be significantly less expensive than litigated divorces. During litigation, each side hires their own attorney, has their own expert witnesses, and their own forensic accountants. Each of these individuals has to be paid by the spouse who is hiring them. This can double the costs related to your divorce which depletes the marital estate and ensures that you will have less money to distribute after your divorce is finalized.
The second reason why it’s best to avoid litigation is that all of the control over the final decisions is in the hands of a judge. In other words, a judge makes all final decisions and this means that control is taken out of your hands. With mediation, the process is nonadversarial and the mediator helps the couple to reach an agreement. The decision-making power remains in the hands of the spouses throughout the process.
The third reason why mediation is superior to litigation is that the process remains confidential throughout. In a litigated divorce, all of the decisions that a judge renders, including financial decisions, are a matter of public record. Mediation offers more privacy regarding your financial affairs than a litigated divorce.
Mediation can work for high-conflict divorces
with all the benefits of mediation, the question then becomes: can mediation work for high conflict divorces? High conflict divorces are those involving individuals with deep seated resentment toward one another. In many cases, the only reason they have come to the table to negotiate is to avoid the pitfalls of litigation. While litigation is useful towards certain ends, it will not necessarily be good or necessary for most divorce cases. Avoiding litigation is usually in the best interest of both parties.
Another major pitfall of litigation is that it can add layers of resentment to the divorce process. Mediators need to assign extra time to manage the needs of high-conflict couples. It could take a considerably longer time to reach an agreement if the couple is considered in high conflict.
Highly trained mediators are skilled at reducing conflict and ensuring that both parties are heard. The role of the mediator is to help the couple reach an agreement that avoids litigation. In most cases, the couple will have a vested interest in keeping their divorce costs low. This can provide a touchstone for both parties to come to the table, make concessions, and reach an agreement.
Talk to a Rockland County divorce lawyer today
The Law Office of Robert S Sunshine represents the interests of Rockland County couples during their divorce. Whether you plan on mediating your divorce or litigating it, we can help you ensure that your needs are met and that your concerns are addressed. Call our Rockland County family lawyers today to schedule an appointment and we can begin discussing your next steps right away.
