Numerous articles have been written on the pros and cons of divorce mediation. The purpose of this writing is to encourage matrimonial attorneys, as a point of financial and general self-interest, to encourage their clients to consider divorce mediation. I recognize that a lawyer may earn more in the short term from a client whose divorce is litigated rather than mediated, but that should not prevent lawyers from exploring alternatives to litigation. If matrimonial lawyers focus on the larger picture, they might recognize they stand to gain more in the long run from the good will and recommendations of satisfied clients following successful mediation, than from the backlash of dissatisfaction in the wake of a typical unpleasant divorce.
It is often observed thatthe process of resolvingthe legal issues of a litigated divorce is time-consuming. The nature of civil litigation requires that a certain amount of time is devoted to each stage of the litigation—motions, discovery and pretrial conferences. Unless a matter is settled at an early point, the litigation process often extends into years. It also exacerbates conflicts instead of resolving them amicably.1 For one thing, probably due to the adversarial nature of the process, each statement and every document provided—even those generally considered to be a straightforward statement of facts, such as a net worth statement — will likely seem skewed to the perceived advantage of the party providing it, rather than prepared with neutral accuracy. The adversarial tone in the presentation of facts can create a contentious atmosphere.
