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HOW DOES MEDIATION DIFFER FROM THE TRADITIONAL LEGAL DIVORCE PROCESS?
The traditional legal divorce process involves two or more lawyers advocating for their respective clients. Too often, the client’s needs are defined by the lawyers, while the real and basic needs of the clients and the other family members are obscured by the legal process. Even when the parties are not particularly hostile toward each other, the traditional legal process of divorce is by its very nature formal and adversarial. Almost inevitably, each party fortifies its position and strategy upon the advice of its attorney. This process is inherently expensive, both in financial and emotional costs, even when the matter does not result in a trial.
By contrast, mediation empowers the parties to make their own agreement regarding the many issues involved in separation or divorce. This much less formal process reduces tension and trauma for the couple as well as other family members. Mediation also sets an appropriate and civil example for the children of how to deal with conflict.
The couple does not have to be highly skilled in communication to make mediation work. The Mediator will assist the couple in learning how to work together to achieve the goal of separation or divorce with as little animosity and emotional turmoil as possible. All that is required of the couple is the willingness to resolve the issue of separation or divorce in the least painful and costly fashion.
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