Feature Article
Divorce can be one of the most challenging times in a person's life. It is a significant life-changing event that can lead to a range of difficult emotions. In many cases, the traditional route for divorce, which is to go to court and let the judge decide, may not be the best choice for couples looking for a more cooperative and less confrontational way to dissolve their marriage. In such instances, divorce mediation can be the perfect solution that saves time, money and emotional stress compared to the more adversarial process of divorce litigation.
What is Divorce Mediation?
Divorce mediation is a process where a neutral third-party mediator works with both parties to help them come to a mutually agreed-upon settlement. Mediation is a voluntary process that takes place outside of the courtroom with the intentions of working together to resolve any conflicts. This route is designed to help couples maintain control over the outcome concerning their assets, alimony, and custody arrangements. With mediation, couples can avoid the expensive fees associated with litigation and the intricate legal proceedings that lengthen the timeline.
The Benefits of Divorce Mediation
Divorce mediation comes with numerous benefits, including:
Cost-Effective
Couples can save a considerable amount of money through mediation due to the absence of the court filing fees and the need for lawyers to prepare legal documents. The cost can go even higher when hiring one’s legal representation which is not required in mediation, especially when discussing the terms of separation.
Confidentiality
Mediation meetings take place in a private setting, unlike litigation which takes place in an open courtroom. There is no need to worry about docket numbers, court transcripts or legal documentation. Everything that is shared between the parties and mediator is kept confidential, so there is no risk of anyone outside getting access to the personal information being discussed.
Control
In divorce mediation, couples have greater control over the final agreement than they do in litigation. Mediation acknowledges that no couple’s divorce is the same, so unlike litigated divorces, there are no pre-set rules or guidelines that each couple must adhere to. Mediation is unique for each couple and allows the discussions and agreements to be tailored to the unique circumstances of each couple.
Time-Saving
Divorce mediation takes less time than litigation. The process is adjustable to each couple's schedule, unlike the court system, which has predetermined dates that must be followed. Mediation can take anywhere from a few weeks to a few months, depending on the complexity of the case. In contrast, a litigated divorce can last years.
Less Hostile
Mediation, compared to litigation, is less adversarial and more persuasive. It is rooted in understanding one another’s points of view through a neutral third party. In mediation, a neutral mediator assists the parties in coming to a mutually agreed-upon settlement. This process proves to be effective over litigation where both parties are engaging in hostility and trying to prove their point.
Better Communication
Divorce mediation is centered on communication and helps to teach couples how to communicate more effectively. This can lead to better communication, even in high-conflict situations. Couples who have children can greatly benefit from mediation in establishing open and healthy lines of communication for the benefit of their children.
Long-Term Benefit
Finally, mediation is also helpful in terms of long-term benefits. Couples who come to a mutually agreed upon divorce settlement are much more likely to follow through with the terms, without the need for future litigation. Such an agreement will help the couple to have a more amicable relationship, particularly when dealing with matters concerning their children and shared assets.
Conclusion
Divorce mediation can be a helpful alternative to litigation for couples struggling to end their marriage. Mediation will save couples both time and stress and also helps them come to a mutually agreed upon settlement. Couples should give this alternative some thought and engage with a professional mediator who can assist them through the process.
If you're contemplating divorce and aren't sure which route to take, contact DeNovo Law Firm at (480) 525-8733 to consult with a divorce and family lawyer today.
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