Divorce mediation is an efficient way to approach the dissolution of a marriage. It can be a time-saving method when dealing with a divorce between parties who are motivated to settle their case by agreement.
When a divorce goes to trial, it can take much longer to finalize. If a divorcing couple is able to communicate effectively with each other, then the mediation process can be completed in a relatively short amount of time. Along those lines, here are some of the ways that divorce mediation can save you time and money.
Shortened Mediation Sessions
When you hire a mediator, he or she will likely charge an hourly rate. A mediation session typically lasts about two hours, with both parties sharing the cost. When working with an efficient mediator, “homework” is often agreed upon between mediation sessions, making subsequent sessions more productive and cost-effective.
Mediation sessions can be scheduled as early and/or as frequently as the schedules of the parties and the mediator permit. Rules of evidence do not apply in a mediation session, as they would in a litigated case, thus saving time and money.
Control the Process
The divorcing parties have access to the best information with which to make important decisions affecting their lives. During the mediation process, the parties can retain control over the outcome since the mediator has no decision-making authority.
Working together, the parties may offer their own idea of what seems fair, and then compromise to form a final resolution rather than having one imposed upon them. Of course, the parties must be on the same page before the final mediation agreement can be made, and neither party can be forced to sign the agreement.
The Role of Counsel
Mediation can occur, and often does occur without the presence of counsel at every session. Although it is important that each party maintain his or her individual counsel, it is not always necessary for the lawyers to attend each mediation session. Unless your attorney suggests that you should be represented in a mediation session, then attending sessions without your attorney can help to reduce costs.
Eliminating Other Costs
The timing of mediation can eliminate the requirements of a scheduling order, which contains significant deadlines that lead to higher costs. Scheduling orders are often used in court cases to keep the case on-track and moving toward resolution.
Likewise, any appeals can have associated costs. A mediated agreement usually eliminates the appeal process and saves money.
If you’re divorcing and would like to discuss the mediation process, please contact Linda Sorg Ostovitz at lostovitz@offitkurman.com or telephone (301) 575-0381 for more information. Not every case is right for mediation. I can help advise you and offer divorce litigation, should your divorce become more complicated.
If you are considering divorce and need the assistance of an experienced lawyer to help you work through some of these issues, then please contact Linda Sorg Ostovitz at lostovitz@offitkurman.com or 301-575-0381.
ABOUT LINDA SORG OSTOVITZ
Linda Sorg Ostovitz is a family law attorney. Her legal experience spans more than 34 years. In this time, she has served as a leader, educator and advocate. Mrs. Ostovitz holds a prestigious fellowship in the American Academy of Matrimonial Lawyers. Currently, she serves as President for the Business Women’s Network of Howard County, by which she was chosen Woman of Distinction for 2014. Mrs. Ostovitz represents clients in Howard, Anne Arundel, Carroll and Baltimore Counties. Her practice focuses exclusively on divorce litigation and mediation, child custody and access, child support, alimony, business valuation, as well as property and asset distribution. In addition to providing legal representation in court, Mrs. Ostovitz provides mediation services to help families come to a fair and legally-sound conclusion outside of the traditional court proceedings.
ABOUT OFFIT KURMAN
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