What is the difference between a mediated divorce and conventional divorce?
In a conventional the divorce husband and wife each hire a lawyer to be in charge of the divorce. Usually the lawyers fight in court and prepare for a trial in which a judge decides all the issues related to children, support and division of property.. But less than one percent of divorces actually go to trial. In more than 99% of all divorces the lawyers negotiate a settlement on the eve of trial. So after paying many thousands of dollars to prepare for a trial the couple negotiates a settlement one to five years after the process begins. Divorce Mediation is a reform movement started in the late 1970′s by lawyers and therapists appalled by the unreasonable waste of emotional and economic resources in conventional divorce. The premise of mediation is that if the couple is going to settle the case anyhow why put them through the cost of preparing for a trial that is not going to happen in 99% of divorces? Why not help them retain control of the process and negotiate a settlement themselves with the help of a trained facilitator, the mediator? Continue reading