"I am divorced, and one of the things I am tremendously grateful for is that my ex-husband and I made a decision to go through mediation. I knew a trial would drag on for years, would cost me everything, but worse, would be devastating for our four small children."

Jane Green - Author

Mediation vs. Litigation

Mediation

Mediation is a process in which divorcing spouses attempt to reach an agreement and settle all of the issues required to complete a divorce. Some people choose to mediate with their own attorneys present; however, many couples will mediate with just a mediator and no attorneys.

Generally, mediation is much less expensive than litigation.

Mediation encourages cooperation rather than contention; Mediation is less likely to create long-term resentment, hostility, and anger between spouses.

Mediation enables self determination. You and your spouse, not the court, are making all of the major decisions. These choices will impact your life for years to come.

Successful mediation saves time. It's possible to complete mediation in anywhere from a day to several months.

Litigation

Litigation is a general term used to describe legal proceedings and the processes and procedures that surround a divorce argued in court. Litigation is extremely adversarial, stressful, and usually drives the parties apart.

A divorce litigated to a final hearing can cost tens to hundreds of thousands of dollars.

Unless the parties settle quickly, a litigated divorce can easily last multiple years.

Statistically, spouses from a litigated divorce return to court more often than those whom completed mediation.

Spouses that litigate often have a more difficult time co-parenting their children after the divorce.

Decisions that will forever change your life will be decided upon by someone who only knows you from a few hours to days in court.

What is a Mediator?

A mediator, in the context of divorce, acts as a neutral 3rd party who attempts to help divorcing couples resolve the issues needed to complete a divorce in New Hampshire.

Mediators can help the parties reach agreements relating to dividing property, child support, alimony, parenting time (custody), and all other issues that must be decided when couples divorce.

Even though many mediators are attorneys, mediators are not representing the parties. Attorney ethical rules prevent a lawyer from representing both parties in a dispute. Therefore, mediators can provide you with legal information but they cannot provide you with legal advice.

Why Choose Mediation?

At Schoff & Reardon we believe mediation is one of the greatest tools available to help divorcing spouses quickly and efficiently reach a vested agreement.

A vested agreement is an agreement where both sides have spent significant time, emotional resources, and have been forced to make difficult but necessary compromises.

Research has shown that when couples reach a vested agreement they are far less likely to come back to court with post-divorce disputes. Couples that reach vested agreements are also generally much more happy and satisfied with the final outcome of their divorce.

Contact Our Office

Divorce Mediators

 

Ian R. Reardon

Call Schoff & Reardon, PLLC

(603) 570-4825

Email Schoff & Reardon, PLLC

Facts about Mediation

  • Mediation is completely confidential
  • The results of mediation will only be submitted to the court if both parties agree and then sign the required paperwork
  • What happens in mediation is not admissible in court
    • Anything either party says
    • Any verbal agreements that are made
    • Any offers presented by either side
    • Any change of position by either party
  • Mediation encourages openly discussing ideas without fear that they will be used against you later
  • You can always stop mediation and proceed to Court
  • You can reach a partial settlement at Mediation
    • You might agree on parenting but disagree on alimony
    • You might decide how to divide property but can't agree on child support
  • A partial agreement will make litigation less expensive because the court will be deciding on fewer issues