Divorce is a legal process that can take many routes. For some, a contentious courtroom battle is the best option. For others, mediation is a viable alternative. Those who are interested in a process that can save both time and money while preserving privacy should consider mediation to finalize their divorce.
What is mediation?
Mediation is a type of alternative dispute resolution that allows those with a legal matter to move towards a resolution without going to court. Instead of two parties with two (or more) lawyers battling it out in court, mediation allows the parties and their legal representation to negotiate a legally enforceable resolution with the aid of a mediator.
The mediator does not provide counsel but instead serves a neutral party who guides the negotiations with the goal of reaching an amicable resolution.
What are the benefits of mediation?
Because mediation does not rely on court schedules, it moves much more quickly than a traditional divorce which leads to decreased cost. Another key benefit is the fact that the parties to the divorce are in charge of negotiations – not the court. This means those going through the divorce have greater control over the final settlement compared to those who go to court.
Although beneficial for many couples, it is particularly helpful for parents who wish to coparent after they finalize their divorce. Mediation allows the parents more control over how they structure parenting plans and support arrangements, as well as encouraging a focus on resolution instead of contention when transitioning from a marital to parenting relationship. This can set both parents up to focus on the best interests of their children instead of fighting battles over their divorce case.
Mediation offers direct savings through reduced attorney hours and less time in court. It also reduces indirect expenses created by delay and conflict. For many families, the financial benefit, lower stress and greater level of control over agreements offered by mediation makes it a strong alternative to traditional litigation.