Divorce Mediation vs. Litigation


For some couples, separating via mediation rather than litigated divorce has its appeal: Many people don’t want to cast their former spouses in the role of enemy, and mediation is a cheaper, more cooperative, and less adversarial process.

Costs:

Litigation: Costs are huge, unpredictable and increase rapidly.

Mediation: Costs are largely dependent on how ready the spouses are to work together. Much less costly than litigation as there are no expensive court appearances. 

Control:

Litigation: The judge controls the process and is the final decision maker. Adversarial attorneys speak for you. And, ultimately the court may issue an order that does not make sense for you or your family.

Mediation:  You and your spouse control the process with the assistance of Mediator, Robert Adler. You and your spouse meet with Robert Adler to negotiate a settlement. The mediation process seeks to mitigate conflict with an objective of coming to a mutually beneficial agreement. Mediation affords your family the opportunity to stay in control of your life, finances, and give you the peace of mind that your children’s lives will move forward in a positive manner.

Children:

Litigation: Sadly, children can be lost in the process, psychologically damaged, and harmed by the intensity and efforts put toward litigation.

Mediation: The negative impact divorce may have on your children is minimized. Remember that even after your divorce you will need to continue to work together to co-parent your children. Mediation allows you to begin that process on a strong footing.

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Privacy:

Litigation: The Court and courtrooms are open to the public. Court proceedings are a matter of public record.

Mediation:  All negotiations are done in the privacy of the mediator's office office.

Timing:

Litigation: The Court dictates the timetable.

Mediation: You and your spouse set the timetable. In many cases all issues can be resolved within a couple of months.

Communication:

Litigation:   Communication is conducted through attorneys. Effective communication between the spouses is short circuited.

Mediation:  Spouses communicate directly with each other with the assistance of your neutral mediator, Robert Adler. Respect and civility is maintained. You may cease being spouses, but you don't cease being worthy human beings. When respect is given and received, discussions are likely to be more productive and an agreement reached more easily. 

Outside experts:

Litigation: Each party hires their own expert, ironically... whose job is largely to discredit the other expert

Mediation:  If necessary, you and your spouse can jointly hire neutral experts for financial and child related matters.

ADLER & ADLER,PLLC

Wills, Trusts & Estates 

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We also see clients in Westchester (White Plains)  

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