1. Your dirty laundry is best kept at home, not aired. A courtroom divorce will be public; a mediated divorce will be confidential unless otherwise stipulated. Mediators are bound by confidentiality agreements (the specifics of which may vary from state to state) and cannot divulge personal information shared within the mediation sessions. The courtroom is open to the public access. Celebrity news outlets– and therefore, everyone reading or watching those news outlets– will be able to hear and access Kim and Kris’ divorce in the courtroom.
2. Not all publicity is good publicity. The media has been in a frenzy over Kim and Kris’ divorce and as a result, created public perceptions that might ultimately damage their case in court. The fact that the multi-million dollar wedding caused so much media uproar over the divorce will not be to either Kim or Kris’ benefit. Judges usually do not look kindly on public displays of celebrity divorces. Judges are human beings who can and will have biases. A mediator, however, is a neutral third party who is there to facilitate communication, rather than to adjudicate. As such, the mediator cannot sway the settlement to one side or the other based on public appearances.
3. A short marriage with no children involved will require less negotiation with respect to alimony payments because neither party financially depended on each other. In Kim and Kris’ case, where they were only married for 72 day and are both financially independent, a judge will likely not award much, if any, alimony. Rather than wasting time and money arguing about alimony in court, they should try to agree to a fair settlement in a short mediation session.
4. No one benefits from a contentious, protracted divorce. Divorce litigation encourages both parties to fight to the end for their share of the assets. Particularly in divorces cases with large assets, the fight will be bitter and expensive because it usually involves a battle of experts. Whereas both parties in a divorce lawsuit will hire their own appraisers and financial professionals to fight over the value of certain assets, divorce mediators are obligated to ensure a neutral assessment of values to which both parties agree.
5. A judge will not know you better than you know yourself. A divorce fought in the courtroom will ultimately be decided by the judge. However, a divorce mediated in private sessions with a neutral third party will ultimately be decided by you. The mediator does not make a final judgment. The mediator helps draft a final agreement based on what you and your former spouse have negotiated together, with the assistance of the mediator. In mediation, you have more power to determine your own future.
For additional information contact us today at edamaral@amarallaw.com or visit our new website, www.amarallaw.com.
