A perfect divorce would consist of both parties agreeing on all issues. Such agreement would avoid many of the financial and psychological struggles of a contested divorce. We know this is not always possible. Before you consider going straight into a contested court hearing, consider mediation. A mediator works with parties to resolve issues so that an agreement can be made. This means avoiding expensive litigation.
What is Divorce Mediation?
Mediation is a method of alternative dispute resolution (ADR). Mediation is designed to help people resolve disputes outside of court. A divorce mediator facilitates negotiation with the goal of creating an agreement that is acceptable to both parties. Mediation is “non-binding,” if no agreement is reached.
Why is Mediation Better Than Litigating a Divorce?
Resolving issues in mediation allows a couple to craft a plan that works best for their family. The alternative is having a Judge decide the outcome of your case. The consequence being that the Judge’s order may not work well for the parties or children. Hot button issues such as child support and spousal support can be negotiated in mediation.
Who Should Consider Mediation?
Parties wanting quick resolution, a uniquely tailored plan, or hoping to avoid a bitter court proceeding should consider mediation. It is even worth considering mediation at the very outset of a separation. Even if the mediation does not end in an agreement, the biggest issues in the case are usually identified and narrowed down. This can be helpful in the long run.