Benefits:
1. It costs less.
When both spouses meet with one Divorce Mediator they can share the cost. While every case is different, 90% of our Staten Island Mediation cases involve total mediation fees for both spouses of between $3,000 and $7,000, total for both spouses. If the spouses were to retain separate attorneys to represent them in the divorce, each would be paying a retainer of between $5,000 and $10,000 just to get started.
A mediated divorce can cost so much less than going to court to litigate. A small $2,000.00 retainer (total for both spouses) is taken which monies are held in our trust account, and we bill you on a regular basis and deduct the fees from the trust account. At the end of your divorce mediation, any monies remaining in the trust account are promptly refunded to the two of you. You pay only for the time that you use. A more affordable divorce.
2. Saves Time.
Since you are both in the same room speaking directly with one another and making decisions about your divorce, resolutions can be reached quickly. A faster divorce through open communication.
3. Paperwork is done for you.
Many people try to do their own divorces these days but run into difficulty trying to understand the laws and the complex paperwork involved. Since Mr. Leininger is not only a Divorce Mediator but a skilled Divorce Attorney with over 40 years of divorce experience, he will prepare the Marital Settlement Agreement in draft form for you to review – line by line, so you may ask questions about anything you don't understand. When the Marital Settlement Agreement is signed and notarized, the couple can agree that Mr. Leininger will represent one spouse in State Supreme Court on a low-cost, flat-rate basis and get you divorced in as little as 3 or 4 weeks after he files the legal paperwork!
4. Easier on the children.
The worst aspect of a divorce for children is the conflict between the parents. It will be traumatic enough for them, but they can heal knowing that their parents are working together to make adult decisions and will not put them in the middle.
5. Emotions can be managed.
Many people simply want to be heard and understood in the divorce process. However, on their own, this can get out of control, as each person triggers anger and resentment in the other — often unintentionally. A mediator trained in counseling can assist the parties in acknowledging feelings but not allowing feelings to control the decision-making process. He can help the two of you focus on the present and on the future and not on the past.
6. It's confidential.
In private divorce mediation, all discussions and tentative agreements are confidential. This makes it safe to propose solutions for possible consideration without having them all thought out. This can lead to new solutions neither party had previously considered.
7. You have control.
In Divorce Mediation the couple controls how quickly or slowly decisions are made when the divorce Petition is filed, and what the terms of the divorce will be in the Marital Settlement Agreement. Each step is by agreement, in contrast to the adversarial process in which attorneys set court dates and judges make decisions with very limited time and information.
8. Less Stress.
A more informal and less scary atmosphere than a courtroom. You control when and how often you meet. A multi-faceted process is broken down into smaller, more manageable steps. With divorce mediation, there are no court-imposed deadlines to meet!
9. Nothing to Lose since you can still go to Court!
Deciding to try divorce mediation does not mean that you must stick with it if it does not work for you. You can stop at any point and proceed with divorce litigation and a contested divorce.
10. Better Post-Divorce Relationship.
You are more likely to follow through with the terms of your divorce agreement because you had input into these decisions, rather than a judge forcing you to accept the Court's suggested settlement terms. Everyone, including your children, is happier in the long run. Less likely to have to return to court after the divorce.
Also, see What is Divorce Mediation and How to Select a Mediator