Advantages of Mediation over Litigation

There are numerous reasons for choosing mediation over litigation of your legal issues. Experts agree that mediation is far less costly, quicker, more efficient, private and confidential when compared to litigation. Moreover, the participants (divorcing spouses) maintain complete control of important decisions when mediating. Those who use litigation are placing their fates into the hands of attorneys and judges who barely know them.

It has been estimated that the average cost of a litigated divorce in Maryland is about $50,000.00 per party. The average cost of mediation with Dr. Swisher is about $700 per party. Litigation of divorce issues can take months or years to resolve. Mediation often results in a full settlement of all issues in just weeks, sometimes just days.

Litigation takes place in a public courtroom. It is a formal proceeding with rules of procedure and evidence which can impede the resolution process. Mediation with Dr. Swisher takes place in a private office where confidentiality is assured. In addition, Dr. Swisher ensures that each spouse has freedom to express their thoughts in a managed dialogue about the issues. See our YouTube videos on this website for a full explanation of the process Dr. Swisher employs.

Litigants “argue their cases” to a judge who renders a decision about their case. This process requires each spouse to hire an attorney (unless representing themselves) who then build a case through evidence and testimony within the stringent boundaries of the litigation process. Consequently, many parties describe litigation as a stressful, confrontational experience often contributing to animosity and division in a family.

Dr. Swisher’s Solution Focused Approach to Mediation™ keeps spouses focused on the issues and away from personal attacks. Dr. Swisher begins by helping each couple create a list of issues to be discussed. See the “Divorce Mediation” section of our website for an “Issues Checklist.” Then, one spouse speaks about an issue to Dr. Swisher without interruption from the other spouse. Then the other spouse addresses the issue, again without interruption. After the first issue is resolved, the next issue is discussed until all have been resolved.

The outcome of mediation is a Separation Agreement or Parenting & Separation Agreement which each spouse can review with family, friends and professionals. It can be modified until both parties agree with the final draft. Once signed, the mediated agreement becomes a legally binding contract which will be incorporated into a Divorce Order through an uncontested, expedited process.

Please take a moment to view our YouTube videos which help to explain mediation and the various ways of getting a divorce. You are welcome to call Dr. Swisher with questions or concerns you have. We look forward to working with you.

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