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For the High Conflict Divorce, no process can be more effective than private mediation/arbitration

By | - February 15, 2016

Steve Benmor is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

By far, the most expensive type of divorce litigation is the High Conflict Divorce (“HCD”). This is due to a variety of reasons. The HCD is common with spouses who suffer from personality disorders, relationships that ended due to domestic violence, marital breakdown caused by infidelity and other breaches of trust. A strong mediator/arbitrator will help couples navigate the divorce process and reach agreements that are less expensive, more lasting and customized. Legal and non-legal issues can be resolved in mediation. Mediators can deal with the emotional aspects of divorce to avoid heightened conflict. Regrettably, many HCD’s make their way to divorce court where the spouses have “lawyered up” with the mandate to engage in a court battle. Tens of thousands of dollars are often burned in that pursuit. Yet, those spouses choosing mediation over litigation are in fact choosing self-determination, privacy and cost containment over unpredictability, publicity and runaway costs. In mediation/arbitration, the spouses  are heard, respected and understood. They are resolute in avoiding the cost and dehumanization of high conflict divorce litigation.