Jaburg Wilk


Why Mediation is Preferable to Litigation in a Divorce

Video Transcript:

Mediation is preferred to litigation for a myriad of reasons.  First of all, is the cost - mediation is invariably less expensive than litigation.  It is not a few thousand dollars less to mediate; many times it may be ten, twenty, or even thirty thousand dollars less than litigation.  In addition, a benefit of mediation is the case is over in four to twelve hours or maybe it takes as long as two days, as opposed to litigation which can be months and months of difficult legal maneuvering and challenging arguments.  Another benefit of mediation is that of mental health.  It is extremely beneficial when a client can get their case done in one day before a mediator versus one year in a litigation setting.  Not only do they leave the divorce process with more positive feelings, but also they can be a better parent and generally may have a more optimistic outlook on life when a case is settled through mediation.

Another benefit of mediation is the relationship between spouses after the mediation is over.  If a client spends a year, a year-and-a-half in difficult litigation with their spouse, chances are that they are going to have a very pessimistic view of life and of their former spouse.  On the other hand, if they settle at mediation, which lasted between three to nine hours, and they leave the mediation with an agreement, it is likely they will have a better relationship between spouses going forward.  And if they have children, the benefit of as positive as possible relationship between ex-spouses is unbelievably beneficial for the children.

About the author:  Laurence Hirsch is a family law attorney at the Phoenix law firm of Jaburg Wilk PC. He is a member of the State Bar of Arizona in the Family Law and Young Lawyers sections. He was formerly the Vice President of the Maricopa County Bar Association, Family Law Section.  More recently, Larry was selected as a 2012 and 2013 Southwest Super Lawyer Rising Star and also chosen by the Phoenix Business Journal for induction into the 2011class of "Forty Under 40".  He has expertise representing high net worth individuals who have closely held businesses in their marital community.