If you are planning divorce mediation in Massachusetts, then it can’t be possible you won’t be considering other aspects as well. Usually in these situations, spouses get confused between mediation vs. Litigation.
One thing is sure, there are many benefits of mediation over litigation when it comes to divorce. Most probably because mediation is often a faster, affordable, and safe option from going to court. Most importantly, it enable couples to have more control over the outcome of their divorce.
Let’s highlight the many benefits of mediation over Litigation.
Mediation over Litigation: Which Option to Go?
1. Mediation is faster than Litigation
It takes around months or years to take your divorce case to be solved by the court. On the other hand, mediation can expected to be completed within few sessions. This is because mediation is focused on resolving disputes between two parties, and there is no need for extensive discovery or lengthy court hearings.
2. Mediation is more affordable than Litigation
Mediation in Massachusetts is more reasonable than Litigation or court costs. The fee also varies on the complexity of divorce case. It can said to be a fraction of the cost of Litigation.
This is because you will only need to pay for the mediator’s time rather than the time of multiple lawyers and experts. Each mediation in massachusetts[MK1] has its price based on its experience and skill in handling cases.
3. Mediation is Less Stressful than Litigation
Mediation is often less stressful than Litigation because it is more informal. You will also have more control over the outcome of your divorce, which can help reduce stress.
4. Mediation is Voluntary
Parties can decide what they want to talk about, and they are free to do so without fear of an impending trial. There are no transcripts, and evidence introduced during mediation cannot be used in later proceedings. Additionally, mediation preserves relationships between the parties.
On the contrary, in Litigation, theparties are forced to admit their fault. Mediation usually results in a settling agreement that is agreed to by both parties.
5. Mediation is Confidentialthan Litigation
Unlike Litigation, the process allows the parties to choose the mediator and decide how the process should proceed. Furthermore, it can diffuse emotions and facilitate creative solutions.
Unlike Litigation, mediation does not involve a judge; instead, the mediator is an independent third party who helps parties come to a mutually agreeable solution. Unlike in court, mediation is confidential and cannot be used against a party in a future lawsuit.
Moreover, it reduces the risk of further conflict. You can also expect a more durable outcome when choosing mediation over Litigation. The parties will be more likely to carry out a settlement agreement if the mediator is neutral.
6. Mediation Saves time & money
A mediator must ensure that both parties share the same interest in a settlement process. The process is likely to waste time and money if there is no middle ground. In addition, if there is no middle ground, the parties could dig their heels, wasting valuable resources and time. Therefore, it is important to use mediation early in a dispute to avoid unnecessary costs and the risk of digging in heels.
How does The Mediation Process begin?
The divorce mediation process in Massachusetts begins with a preliminary meeting with the mediator, who sets a time and date for the parties to meet. The mediator then invites the parties to fill out a confidential document detailing the procedure.
The mediator will also explain what is not allowed to discuss at the mediation hearing and encourage the parties to prepare a summary of evidence. Mediation is completely confidential and can never be used in Litigation.
This way can be a great option for couples looking for a faster, cheaper, and less stressful way to divorce. If you are considering mediation,Massachusetts divorce mediatorto learn more about the benefits of mediation over Litigation.
What does the State Law say For Couples?
In Massachusetts, a couple is opted to go through Litigation rather than mediation. Both spouses hire attorneys to represent their interests in court. The attorneys then present the case to the judge, who decides based on their respective findings.
An uncontested divorce can be finalized in approximately half the time of a contested divorce. The waiting period for an uncontested “1A” divorce in Massachusetts is six months.
While Litigation is an option for some, it is often extremely expensive and stressful. The costs of a traditional court-based case can be crippling for both parties.
Divorce mediation in Massachusetts can help alleviate that financial stress. By allowing the parties to discuss their concerns without going to court, both parties can agree on a settlement and work towards a positive future. For many, the stress of Litigation is worth it.
Thus, mediation has become an excellent alternative to Litigation for many legal cases. For these reasons, mediation is increasingly popular in Massachusetts.
I hope this article clears all your confusion and helps you make a better decision. Good Luck!
[MK1]I have used this keyword as reverse of “Massachusett’s divorce mediator” because if I use as it is keyword, it is sounding senseless. Hope you acknowledge
