Divorce can be a very demanding process financially, emotionally, and due to the amount of time it consumes. Ultimately, each divorcing spouse wants to look after their own interests. It’s easy for conflicts to arise. The most common causes of disagreements between divorcing spouses include child custody, child support, alimony, and property division. Some arguments may develop in good faith while others are emotionally charged. If you are headed for a divorce in the near future, it’s wise to consider all the potential benefits of using mediation for your divorce.
Mediation Is Effective
One of the most effective legal vehicles available for divorcing couples is mediation. This process can significantly reduce the amount of time, money, and stress the divorcing couple must invest into the process. Most divorcing couples who complete mediated negotiations report greater satisfaction in the outcomes of their divorce cases than those who undergo the trial process without mediation. Couples reach agreeable divorce terms faster and feel more satisfied when they use mediation.
Mediation Offers Neutral Ground
Mediation is a form of alternative dispute resolution that requires a neutral third party to mediate negotiations between a divorcing couple. In most modern divorce cases, each spouse will have their own legal counsel during mediation. Without mediation, divorce will follow a path similar to many civil cases and both sides will have their days in court before a judge delivers a divorce decree. This can be extremely stressful for everyone involved, especially if the divorcing couple has children who must appear in court.
Mediation Streamlines the Divorce Process
The divorce process aims to complete two goals – end the marital relationship of the couple involved and answer questions concerning property and debt division, childcare, and other extenuating circumstances. A divorcing couple may both agree that their marriage needs to come to an end, and mediation provides a neutral playing field for the two parties to negotiate the details of their divorce.
Mediation Puts Your Children First
When a divorcing couple has children, the most important part of their divorce negotiations pertains to custody and support of the children. Unfortunately, parents can easily allow their personal feelings about their soon-to-be ex-spouses to cloud their judgment. Mediation offers a solution to this by providing each parent with a trained, impartial, rational, and objective voice to keep negotiations on track and focused on the kids. The court also has a duty to rule in the best interests of the child in any divorce case.
Mediation Can Keep Divorce Negotiations Calmer
Divorce is more often than not an emotional issue. These emotions and the tension they create can get explosive under litigative pressure. The neutral ground a mediator offers allows the divorcing couple to negotiate in a civil way without the pressure of the trial setting. Mediation is a non-binding process, so the divorcing couple can have an open and frank discussion about the details of their divorce in a more comfortable setting without a sense of legal finality.
You Can Save a Tremendous Amount in Attorneys’ Fees
Litigating any kind of case can be expensive, but divorces can easily grow into complex court battles. This equates to greater legal expenses for both spouses. Mediation essentially speeds up the divorce process, helping to transition a contested divorce into an uncontested one much faster than the litigative process typically allows. Divorce litigation can last two to three years in some cases, whereas mediation sessions may only take two to three months before the divorcing couple reaches mutually agreeable terms.
Representation Is Optional in Mediation
While you may want to have legal representation during your mediation sessions, it’s not necessary. You and your soon-to-be ex-spouse can meet with a private mediator to conduct your negotiations in a more formal setting but without the pressure and expense of the courtroom.
Mediation Is Cost-Effective for Both Parties
You simply pay for the time you require for your mediated sessions. The mediator will be available to answer questions and keep the conversation on track until you reach terms. Whereas divorce litigation at an hourly rate can quickly become very expensive.
Mediation Has a Higher Compliance Rate
When the court issues a divorce decree, this is not a guarantee that the subjects of the decree will completely abide by its terms. No one enjoys being told what to do. If attorneys alone handle negotiations on behalf of divorcing spouses, it’s easy to feel as if you had no say in your own divorce. This inherently leads to compliance issues. In mediation, both divorcing spouses can feel confident in the end decision knowing they have had their say and negotiated to an agreeable result.
Mediation Is a More Personal Experience
If you move through a trial for your divorce case, it’s easy to feel overlooked by the court system knowing they want to resolve your case as quickly as possible and address a dozen more like yours that day. It’s easy to feel disconnected from the process. During mediation, your mediator will get to know both you and your spouse, your children, your lifestyle, and ultimately provide a more personalized and empowering experience.
If you are considering divorce in the near future, it’s imperative to consider the value mediation can provide in streamlining the entire process. You and your spouse can finalize your divorce in an efficient, dignified manner, while saving a tremendous amount of money, time, and stress. If you have detailed questions about mediation or need legal representation, reach out to the family law attorneys at McCunn Law online today to schedule a free consultation.