Mediating Rather than Litigating
In my prior post, The Myth of “Uncontested Divorce”, I introduced the concept of entering into mediation well before a divorce or separation action is filed with the courts. In fact, mediating rather than litigating can be both a cost saving and relationship preserving process before anyone hires a lawyer. I will not reiterate those points again so I encourage you to go back and read that post if you have not already done so.
The process of mediating rather than litigating is simple. Instead of running out and hiring a lawyer right away, one or both spouses run out and find a mediator. The cost savings are instant because the two of you would just be splitting the cost of the mediator if you mediate rather than litigate. There is at least a 90% chance of being ordered into mediation by a Family Court Judge once your divorce action is filed, and then you will be splitting the cost of the mediator AND each party will be paying for their own attorney. That adds hundreds or thousands of dollars to the total expense if you litigate and then mediate.
When you call someone like myself who is both a practicing licensed attorney and a trained, certified family and divorce mediator, you are able to get to the same place that litigation will take you but with less cost and less pain. I am unaware of anyone else in this area offering this, but I do my fees for mediation on a sliding scale based on household income if there are no individual lawyers. Additionally, if agreement is reached on all matters, then I am also able to draft all the proper documents as “scrivener” (scribe) for both parties for a low flat fee. One or both parties can then file the action in a streamlined fashion if they still chose to proceed with divorce.
If a full agreement is not reached when mediating prior to litigating, all is not lost. First, there likelihood of significantly reducing the number of issues in conflict. That means fewer issues to litigate and less cost. Also, you will be able to tell to the court that mediation has already been attempted and so the judge is far less likely to order mediation. So, you will have essentially met one of the standard requirements of the court without paying a lawyer.
The bottom line is that there is tremendous potential in mediating rather than litigating and very little, if any, downside. If you are in the Bluegrass area and wish to engage in the conflict resolution process called mediation, give me a call or shoot me an email.