Mediation: Going to court is not the only way

Divorce doesn’t have to escalate into all-out war. More often than not, it’s better for all parties involved to keep matters out of the courtroom. Mediation often becomes the best path forward — one that saves you time, money and undue stress.

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At Proffitt & Associates, we embrace any approach that makes life easy for our clients. Here’s how mediation can meet your needs.

Sidestep the courtroom drama

We love going to bat for our clients. We thrive in the courtroom and welcome the opportunity to fight and fight hard. 

At the same time, we know that going to court should be a last resort when it comes to divorce — the nuclear option for when two sides can’t resolve their differences peacefully. That’s why we always advise our clients to find a way to split amicably before diving into battle. 

Mediation gives that effort an honest shot. It’s a process through which adverse parties air their grievances and brainstorm a workable solution under the practical guidance of a trained facilitator. It allows both parties to work out their problems in a diplomatic way. When done right, it can be quick and (relatively) painless, not to mention a great way to save money. 

The benefits of collaboration

Mediation is a much more collaborative process than going to court, where the fate of both parties is determined by a judge. 

In mediation, when two sides come to a standstill, mediators are there to listen and help the discussion along. They’re trained to put themselves right in the middle, to hear everyone out and find common ground. And they command respect because brokering deals is what they do. 

The dynamics in a failing marriage can be vicious, and it’s hard to get a deal done when there’s so much baggage in the room. Seasoned mediators can keep the process moving forward, for the benefit of all parties involved.

The value of professional negotiators

Much of conflict resolution revolves around negotiation, and it’s often a delicate dance, especially when it comes to splitting assets and time with kids. The parties involved are usually too emotionally invested to pull it off.

Mediators, on the other hand, are professional negotiators with vast experience in finding solutions to challenging separations, and they can help you come through a divorce in a way that will make your future life as former spouses much easier.

Best-case scenario

If you’re looking for a divorce in which everyone wins, you aren’t going to find it. Even with mediation, no solution will ever be perfect. A marriage is like a puzzle. When it’s over, some pieces will be missing. 

You will be expected to make concessions to bring an end to marital discord. But in mediation, you have the final say, and no solution is binding until both sides agree to it. If you don’t like the results or how the process is going, you can always walk away from the discussion or start over.  

Mediation is not a case; it’s a conversation. And it can help you find the best possible solution at one of the most difficult times of your life.

 

Let’s talk

Want to learn more about how Proffitt & Associates can help? Schedule your free one-hour consultation today!