Having to choose a preferred process between two legally legitimate and sound procedures can be tasking and challenging especially while dealing with a sensitive issue such as divorce and separation. Hence, the need for carefulness in choice and most importantly, unsentimentality.
Mediation refers to series of action taken where you and your partner come into an agreement with a totally different and neutral third party with the aim of the third party coming to your own agreement on everything that must be done. These actions include how assets are distributed, parenting, child raising and support. It could even extend to issues that concern finances and tax implications. These actions are documented into what is called a Memorandum of Understanding by the mediator. It can also be accessed by an attorney.
In the case of litigation, an action, in form of a dispute is brought before a court of law and this is done to enforce a seemingly legitimate right. In this process, a lawsuit is brought in and of itself. Furthermore, a plaintiff which is the fellow who is said to have been cheated and thereby, lost because of the defendant’s, the opposite party of a plaintiff, actions demand a just remedy. As complaints are made by the plaintiff, the defendant is told to defend himself and as long as he cannot, judgement is made in the plaintiff’s favour. At this point, the court of law issue orders that damages incurred are rewarded. This affects further legal issues.
One disadvantage of this philosophy and school of thought is the inconsistency embedded in it. More so, is the fact that this process could favour the plaintiff even if his claims are false as long as he is more established in expressing himself.
Below are few reasons why the process of mediation is better during divorce and separation.
Mediation is more affordable
Having a mediator handle your case of divorce and separation is considerably affordable. It was put at forty percent lesser than the cost of the litigation processes of divorce and separation. What an amazement! Asides the cost, it is more reliable.
Mediation demands a lesser time
In the case of mediation process of divorce and separation, it takes between three weeks to eight weeks to execute and accomplish what has to be accomplished. A spectacular thing about the process of mediation for divorce and separation is that the processors determine the length in time.
Mediation is more emotionally stable
In this stance, all the parties work together towards a particular end and this end is profitable for both parties. Wow! No one is working against the other unlike the litigation process where one is working against the other. The agreement cooperatively worked on is for the common good for both partners. No hidden intentions or results. What is the need for this cooperate or joint work? It will help to foster a better chance of doing things together in future like parenting and raising kids. It will also curb the partners from handling anger that arises in other processes like the litigation process
Meditation process is more honourable
In this process of Meditation, the dignity, honour and self value of all the parties are preserved and protected without a single form of disdain. One thing the process of meditation does not do is to apportion blames and regrets. It is not a deontological theory rather, it looks into the future and hopes for a better life and existence in it.