Paths to Divorce Mediation Resolution

Three Paths, Three Results

Path 1- Retain (Hire) Attorneys

Attorneys charge $200-$500/hour per person and they require $3,000-$5,000 up front from a client to begin. Attorneys then argue back and forth, and occasionally come to an agreement. If no agreement is reached, most courts require mediation before a trial. At this point, mediation with attorneys means paying an attorney’s fees and mediator’s fees.

If a trial is needed, it gets much more expensive. In court, attorneys try to prove the other parent unfit. Co-parenting after a contentious trial is often difficult or impossible. Even without children, attorneys argue every legal point. Going to trial may cost $10,000 per person or more, shrinking or even wiping out retirement savings or children’s college fund. Attorneys may be needed at times (domestic abuse etc.), but why start there?

Path 2- Do It Yourself

For amiable couples this is possible, but be prepared to spend lots of time and effort learning the legal system. Online forms are available, but “one size fits all” forms are seldom flexible enough to fit your personal situations. Using a form or trying to draft a “divorce stipulation” yourself after research at the local law library is possible, but often 30-40 hours of time is involved at a difficult time of your life. Appearing in court with a “homemade” document can make court a difficult process, as well. If the document is not correct, then more time, more money and a later court date are necessary.

Path 3- Work with A Professional Mediator

Make an appointment for a free consultation with a professional mediator. No up-front retainer is needed. A mediator’ hourly rate is often the same as an attorney, but the hourly costs can be split by a couple and mediation usually takes fewer hours. A mediator helps work out the best solution for you and/or children by cooperation, not confrontation or competition. Knowing that it is your agreement not a judge’s decision means it can last and can avoid a return to court. Without bringing up old grievances in court and with your own agreement, you can separate peacefully, and co-parent successfully.

When the agreement is reached, you hire an attorney for a few hours to write up your agreement in a way the court will accept easily. Your time in court presenting the settled document can be simple and quick. You can save thousands of dollars!

 

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