It’s unlikely that many divorcing couples look forward to long and messy court proceedings. Months spent in a courtroom while every aspect of their personal life is made public is an uncomfortable prospect.
Divorce mediation is becoming an increasingly popular form of alternative dispute resolution (ADR), and it can be a viable option for those seeking alternatives to traditional divorce court proceedings.
How does divorce mediation work?
Divorce mediation is a process in which both spouses work with a neutral third party to resolve the issues of their separation. Rather than deciding who wins and who loses, mediation focuses on finding mutually acceptable solutions to problems such as parenting plans, asset division and spousal support.
The mediator isn’t there to make the decisions. Instead, they facilitate the discussions between the spouses. Once an agreement is reached, it’s submitted to the judge for final approval and becomes part of the divorce order.
Mediation has several advantages over litigation, such as:
- It’s less expensive for the couple to share the cost of a mediator compared to separate attorneys and court fees.
- Mediation doesn’t rely on the schedules of attorneys and the court. A traditional divorce can last for months, whereas mediation is typically completed within weeks.
- Couples have more control and flexibility in decision-making. Rather than relying on a judge to make the rulings, the couple can create a tailored solution that reflects their needs and priorities.
- Litigation can sometimes become adversarial in a system designed to pit parties against each other. Mediation promotes cooperation and a problem-solving mindset.
- Court proceedings are public records, which means anyone can read about the details of your divorce. Mediation discussions remain private.
It’s essential to approach the mediation process with an open mind. It requires compromise on both sides, so both parties must be willing to listen and consider creative solutions. If you’re seeking a peaceful and amicable divorce process, mediation may be a viable solution. Discuss your options with a legal professional who can review your situation and help you choose the best option.