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The Advantage of a Mediated Divorce Separation Agreement, versus Court Orders 1. Promotes fairness with the help by a neutral third party; 2. Reduces the present and future conflict between the parties - by avoiding the win-lose game; 3. Reduces the legal, economic, and emotional costs associated with family disputes. The cost of mediation is very small, compared to a litigated case decided by the Court; 4. Allows the participants to retain control over their decision-making, instead of having a judge dictate decisions (based on less information which is presented to the court); 5. Promotes the best-interests of the children as well as all family members; 6. Increases communication between the participants; 7. Promotes compliance with mediated agreements, since the parties are more likely to follow agreements that they have been a part of; 8. Increases the understanding and knowledge base of each participant; because mediation is also an educational process; 9. Provides informed decisions with neutral legal information (and sometimes case evaluation and opinion) at the least cost; 10. Makes sure that no legal rights are given up, since either party can elect to go to court; 11. Retains privacy and confidentiality, since no communications at mediation can later be used in court; 12. Provides reduced-cost access to other professionals who may assist the mediation process as co-mediators for specific issues such as co-parenting decisions; 13. Speeds up the entire legal process - since many are done within 30- 90 days; 14. Provides either the mediated agreement (called a Memorandum of Understanding) or all of the legal documents by a Colorado attorney at less cost; and 15. Increases the likelihood that future changes will be done with a minimum of conflict - if you have agreed once, then you are more likely to be able to agree again. The Benefits of a Mediated Divorce Separation Agreement If the parties are well-informed and reach agreement voluntarily, they will be more likely to follow the agreement. Because the agreement is one that the parties themselves have voluntarily negotiated. In almost all cases, both parties get their most important needs met. The communication between the parties is more thorough and various alternatives are often considered before the final agreement is made. As future circumstances changes (as they always do), the parties are then able to address their changing needs and amend their agreement as necessary. This is particularly true of parenting plans. Parenting plans change over time. In contrast, if the court makes the permanent separation orders, generally those orders are not going to take into account many of the circumstances and reasonable needs of the parties. This is true in part because of the time constraints on the judges. Judges do not have the time to carefully consider the unique needs of each party. Also, it is often very difficult to communicate each party's situation and needs to the judge. Avoid the "Win-Lose" Game And, the win-lose litigation game is generally about 10 times more expensive than a mediated agreeement. Legal fees for a litigated order can run $20,000 - $50,000 or more. |
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