Divorce Doesn’t Have to Be a Costly Battle—Mediation is an alternative to court that is less volatile and more affordable.
Why choose mediation?
Less Stress. The divorce process through the court is part of an adversarial process. There will be attorney meetings, court appearances and if you proceed to trial you will have to testify under oath. If you choose mediation, you meet privately with a skilled mediator who is there to ease the tension and guide the parties in a productive conversation on how to resolve their divorce amicably. If the parties are uncomfortable being in the same room, the mediator can utilize shuttle mediation where the parties are in separate rooms and the mediator goes back and forth working out a settlement. This is not allowed in a courtroom setting.
Less Time. Divorce through the court is a slow process. Getting a full trial date in Oregon can take several months to even years depending on the county and complexities of your case. On the other hand, mediation can usually be scheduled within two or three weeks and most mediations last less than one day.
Less Cost. A typical contested divorce case in Oregon will cost each party at least $10,000 in attorney fees that can often go beyond $50,000 per party. Many couples going through a divorce simply can’t afford this without filing for bankruptcy at the end of the case. A mediated settlement can be reached at a fraction of this cost.
More Control. If you decide to go the court route, your attorneys are constrained by the rules of evidence and its formalities. A judge will be making the decisions for you after hearing only a few hours of testimony. They may see things differently and come up with a ruling that both of you don’t like. While mediation usually requires some compromise, you know the agreement is fair and it is something you can live with because you agreed to it.
Confidential. The Oregon constitution guarantees that trials are open to the public. You will be put under oath at trial and so long as it is relevant to the case you will be required to testify truthfully about anything your spouse’s attorney asks you. In stark contrast to this is mediation. Mediation in Oregon is done in private. It will only be you, your spouse and the mediator. Unless some very unusual circumstances arise (threats of violence, child abuse etc.), it is almost always 100% confidential.