One of the myths about divorce mediation is that it’s only appropriate for simple problems — for a childless couple or one with very little property. This could not be farther from the truth. Mediation doesn’t only work when “there’s nothing to fight over.” It also works for intricate problems that require complex solutions. In fact, because the stakes are higher in a complex divorce, the benefits of mediation are that much greater. At the Eatmon Law Firm, PC, I have helped clients in Wake, Durham, Franklin and Granville counties tackle seemingly insurmountable divorce issues through mediation. In doing so, I’ve helped them avoid costly, time-consuming, and emotionally taxing litigation that puts all the power in the hands of a judge. Instead, my clients have been able to take control of the process and set their sights on a secure future.
One of the most emotionally charged issues in divorce is the custody of the children. Parents often fight bitterly to maintain their relationship with their kids, but in doing so, they undermine what they are trying to protect: their bonds with their child. Unless there is something seriously wrong with one of the parents, children love their parents equally. You may have serious disagreements about how your children should be raised, but there are limits to how you can fight with your spouse without harming your children. Working out your child custody issues in mediation allows you to:
Of course, not every child custody situation is appropriate for mediation. If the other parent is unfit and is a threat to your child’s health and welfare, you must litigate the case aggressively to protect your child. But if both parents are mature, loving, and engaged in their children’s lives, mediation is a better way to resolve this contentious issue.
If you have a high-net-worth marital estate, dividing your marital property can be a complex process. In the normal adversarial system, each party would hire their own experts to appraise various assets, and the trial would turn into a battle of experts with the court accepting one or the other valuation. This is a very expensive proposition. But in mediation, you would only have to hire one independent expert in certain fields to represent both of you. These experts may include:
A reputable expert who is not beholden to either party can provide accurate and reliable information for half the cost. Mediation also allows you to save on discovery costs. The parties voluntarily disclose their finances, so there is no need to subpoena documents and hire a forensic accountant to examine the books.
Of course, just as with child custody, property mediation is not for everyone. If one of the spouses is attempting to hide assets or income, or has made illicit transfers to put assets outside the reach of the other spouse, justice requires aggressive litigation. Still, you should not decide against mediation simply because you need to divide a high-net-worth estate.
When you can’t afford to lose, why engage in an adversarial process that pits one party against the other? Instead, choose a process that lets you work cooperatively toward a win-win solution. Call the Eatmon Law Firm, PC at 919-670-5566 or contact my office online to schedule a consultation if you seek mediation for a complex divorce. My Wake Forest office is located at 1788 Heritage Center Drive, and Saturday and evening appointments are available.