Divorce is a stressful and emotional process that can leave you overwhelmed and uncertain about the future. While traditional litigation (going to court) is one option for solving issues related to divorce, some alternatives are less adversarial and have benefits that going to court does not. Mediation is one of those options.
How mediation can help you
Mediation, a form of alternative dispute resolution, gives you and your spouse more control over the issues in your divorce. You work with a neutral third party to devise solutions for both of you instead of having a judge make those decisions for you.
Mediation may be ideal for you if you are looking for a more cost-effective way to divorce. You can still hire an attorney and bring them to mediation because family law attorneys are usually very familiar with mediation and can help you negotiate matters, especially if things get emotional between you and your spouse.
Mediation is confidential, and anything discussed in the mediation session cannot be used against you later. It is also non-binding unless you and the other party reach an agreement, submit it to the court, and the judge approves and signs it.
Less adversarial than litigation
This alternative to litigation is less adversarial, which is one of its great benefits. Litigation, especially family law litigation, can become aggressive very quickly, so mediation is ideal if the parties are interested in a more amicable divorce. This is especially helpful if the couple has children or shares a business and must continue to see each other.
Mediation is faster than going to court and usually takes a few days to solve all matters if the parties go to mediation in good faith and intend to reach an agreement. In other words, mediation is most effective when the parties are open to working together to find solutions.
Mediation is a popular alternative to litigation, and it is available privately and a part of the court system in many states. That means that many courts require the parties to attend mediation before they can request a trial. This form of alternative dispute resolution is highly effective, less costly than going to court, offers confidentiality benefits, and is much less adversarial.