NEGOTIATING WITH THE ENEMY
THE BENEFITS OF RESOLVING YOUR DIVORCE THROUGH MEDIATION
So, you’re going through a divorce, and it’s not exactly amicable. Or maybe it is. Whether the sight of your soon-to-be ex-spouse makes your skin crawl, or you two have become besties since deciding to go your separate ways, mediation may be the answer to expediting the divorce process. There currently exists a common misconception that mediation is only for parties who are already somewhat amicable, and while mediation certainly isn’t for everyone, you don’t necessarily have to be on good terms with your ex to benefit from the process.
The average divorce costs $20,000 per person, while the average mediation process costs anywhere from $1,500 - $3,000 per person*. It doesn’t take a math whiz to see the financial benefit of mediation. In addition to money, mediation also saves time. In Ohio, the Supreme Court mandates that certain types of cases be finalized in a set timeframe. Divorce with children should be concluded within 18 months, and divorces without children in just 12 months. Custody and parentage actions should be completed within 12 months, and contempt actions within six. On the other hand, depending on the schedule of the mediator, the mediation process can take just a few months, or even as little as a few weeks.
If you’ve already attended a court hearing, you may have heard the judge or magistrate urge you to find a way to resolve your matter on your own. This is because settlement agreements – especially those relating to children – are more likely to be complied with than decisions issued by the court after an evidentiary hearing. In fact, a study by topcounselingschools.org found that child support agreements reached in mediation had an 80% compliance rate, compared with a 40% compliance rate for decisions issued by the court. Increased compliance means fewer post-decree actions and, thereby, less of a financial and time commitment.
Even if you are unable to settle your case entirely, you may still be able to reach a partial agreement, thereby decreasing the length of any subsequent trial. As most cases are ultimately resolved before trial, a partial settlement in mediation can often be the catalyst for a full agreement down the road. If no settlement of any kind is reached, mediation can still help to facilitate better communication between you and your ex, which can lead to a better co-parenting relationship in the future.
If you’d like to learn more about the mediation process and see whether it’s a fit for you, contact Meis Mediation Services today at (614) 568-1331.
*Source: topcounselingschools.org