Mediating from the Start
Divorce is a long and draining process on every individual involved. It consists of high stress, emotional strain, and unnecessary time and expense. Mediation is designed to help divorcing couples reach an amicable solution without any of the unnecessary extras.
The goal of mediation is to create the best possible solution for the parties in both a cost effective and time efficient manner. Mediation allows separating and divorcing couples to have control of their future through a controlled and safe process in which they are able to have an active part in determining their own agreement for future enforcement.
Mediation is required under Utah law (Utah Code Annotated §30-3-39), for all divorcing couples as long as there is any contested issue in the case. As a result of this, the cost of divorce does not end after retaining counsel. It simply adds to the expense. After each party pays a large retainer fee obtaining legal counsel in order to start their divorce process, the parties wind up paying additional fees to mediate the case later on in the process due to Utah’s mandatory mediation requirement. Thus, mediation is inevitable.
Research indicates that 93%-96% of cases settle out of court. Thus, the question is not if you will settle your case, but simply a matter of when it will settle. By mediating a case from the very beginning, a couple is able to avoid paying unnecessary attorneys’ fees by bypassing all the back and forth arguing and negotiating between the attorneys and skip ahead in the process by complying with Utah’s mandatory divorce mediation requirement from the start. This saves a great deal of time and money for both parties.
Mediation v. Traditional Divorce
Peaceful Dissolution is a divorce mediation program that provides many benefits. Research indicates that mediation offers a variety of benefits over a traditional divorce, including the following:
- Mediation provides clients more satisfaction over how the divorce was handled, and clients of mediation are glad that they used mediation for their divorce
- Mediation is more likely to survive the test of time
- Mediation costs significantly less than a traditional divorce
- Mediation is much less time consuming than a traditional divorce
- Couples that use mediation are more likely to feel like mediation helped them in the following areas: end the marriage amicably, reduce conflict, maintain good relationships with their ex-spouse, and feel less bitter and resentful after their divorce
- Mediation decreases conflict between parents after divorce
- Mediation increases aspects of positive co-parenting after divorce
- Agreements reached in mediation are vital to making and maintaining cooperative relationships between divorcing parents
- Couples that use mediation are more content with the existing child-care arrangements, and less likely to have disagreements about child contact
- Mediation is better at helping divorcing parents work through their anger, accept the loss of divorce, and attain some realistic hope regarding future relationships
These benefits contribute to the many goals of Peaceful Dissolution in protecting individuals, families, and children from the pains of divorce. In addition to saving time and money, divorcing couples are able to maintain control of the process, and thus create a sense of stability and security for themselves and their children.