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Why Mediation Tends to Result More in Win-Win Types of Agreements Lawyers have to resolve things by using the court system, which can be slow and expensive, and can engender lasting bitterness. Mediators tend to resolve things by trying to work them out between the two of you, which is faster and sometimes more "win-win." As you may know from any human endeavor, the best ideas tend to come from brainstorming sessions, when two or more people work together to solve a problem. This is just as true when the problem is how to separate your lives as in any other situation. For example, you may come up with creative solutions for custody that take into account both people's schedules. Or, you may decide to sell the home, but not until the children get through middle school. This can be a compromise between immediate sale and waiting until the children leave home. Or, you can come up with a formula for alimony that depends on the recipient's earnings over the next few years. Court-ordered solutions and solutions negotiated with lawyers tend to have sharper lines and less creativity. As a result, they may work less well for both parties than negotiated solutions.
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
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