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Mediation in family law matters provides countless advantages to full blown litigation, including:

Economic Savings
Many people believe that mediation is too expensive for their family law case.  However, the cost of resolving mediation prior to trial will be more cost effective than pursuing a matter all the way through trial, and possibly even the appellate process.The truth is that the costs associated with full blown litigation often leaves both sides “losing” at the conclusion of their case - regardless of the outcome.  Often, parties participating in full blown litigation don’t even know what it is the other side wants until during the trial.  Mediation can inform each side of the positions and explore the possibility of reaching a mutual agreement before incurring substantial costs.  John E. Barbush offers affordable half and full day mediation sessions at a flat rate.  No “preparation fees” or “travel expenses”.

Emotional Well Being
Divorce takes an emotional toll.  Dragging out the process through an adversarial court system only prolongs, and often increases, the emotional harm.  The use of mediation to explore the possibility of resolving the matter by agreement of the parties minimizes the emotional toll on the parties and allows for closure.  

Best Interests of Children
Nothing is worse than seeing cases where the children are caught up in the middle of a contentious divorce proceeding, often being used as pawns in a game in which they have no business being a participant.  Countless studies have shown that children are affected by divorce.  The use of mediation, where the parties explore mutually agreeable terms of dissolution and the schedule by which they will share their children, helps to minimize the effects of the divorce on the children.  Studies have also shown that couples who use mediation have a lower rate of post-divorce issues that result in them ending up back in the courthouse.  The truth is that couples who have children will have to co-parent to some extent for a period of time even after the divorce.  Avoiding the combative nature and animosity that develops in full blown litigation helps allow the parents to continue to work together as best as possible in the interest of their children, rather than focusing on “winning.”

Party Choice
Mediation allows the parties to see if they can agree to their own terms regarding economic decisions and visitation. There is a big difference between a parent being “told” by a Judge when they get to see their children and parents coming to an agreement that they decide works best for not only themselves, but their children.

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