Divorce doesn’t have to be a contentious affair filled with courtroom drama. Divorce mediation is becoming an increasingly popular method for resolving divorce details in a non-litigious manner.
Mediation might not be the right choice for everyone, but it does have several benefits.
What is the difference between mediation and litigation?
Divorce mediation is an alternative dispute resolution (ADR) method that emphasizes collaboration and open communication. A neutral third-party (the mediator) doesn’t take sides or provide advice. Instead, they facilitate the discussions in which both spouses come to a mutually acceptable solution.
Conversely, litigation is more adversarial. Each spouse has their own attorney who argues on their behalf, and the judge decides everything.
Mediation is usually less expensive than litigation. With a more traditional divorce, there are higher costs including court fees and attorney fees. The longer the divorce takes, the more expensive it becomes. Mediation doesn’t have those expenses. Rather than paying two attorneys, the couple pays the mediator. Court fees are largely eliminated. This leaves more money available for fresh starts and children’s education.
Mediation can also provide a faster resolution. Litigated divorces may take 12-18 months to complete. Mediated divorces are often more straightforward and can be resolved in just a few months.
Another significant benefit of mediation is the control it gives couples to find solutions that work for them. In litigation, a judge makes binding decisions that can impact your life for the next several years because they may not address your family’s unique circumstances. Mediation enables couples to craft personalized agreements that reflect their unique needs and priorities.
By learning to work together and communicate effectively, mediation gives parents the skills they need for successful co-parenting. Litigation can create an adversarial mindset that can harm a co-parenting relationship.
There are situations when mediation may not be the best option. Cases involving domestic violence, substance abuse or severe mental illnesses may be better suited to the structure and protection that courts can provide. Discuss your issues with a legal professional, and they can help determine if mediation is right for you.
