When a marriage dissolves, it can cause immense grief to everyone involved, especially children. Most divorce cases are troublesome, often resulting in years of emotional turmoil, financial stress, and mental anguish.
If you’re deciding between mediation and legal representation in divorce, you should opt for the former, as it makes the process less painful. Mediation is a collaborative experience that allows couples to dissolve their marriage outside court.
Here’s why mediation is a better option.
What Is Divorce Mediation?
Divorce mediation is a process where a couple partners with a mediation lawyer to dissolve their marriage without going to court. The two parties work together to control the outcome of their divorce in a series of discussions and negotiations.
The mediator is always a neutral, third-party perspective who will guide the spouses throughout their divorce procedure. Such a professional will assist both partners in addressing issues like asset division, child custody, and more.
Unlike litigation, where a judge controls the outcome of the marriage, mediation allows couples to resolve their issues on their own. So, instead of battling over past resentments, you can focus on resolving your past issues so both partners can move on.
Most couples choose divorce mediation because it’s a faster, more efficient, and less expensive process compared to a traditional divorce. Not everyone wants to deal with the stress and trauma that comes with a divorce.
A mediator can provide guidance on critical subjects like co-parenting, property division, or even business associations. To kickstart the mediation, a divorce lawyer will prepare the case with all its paperwork, including a settlement agreement.
How Is Mediation Different From Traditional Divorce?
Divorce mediation is fundamentally different from traditional divorce because it’s a non-adversarial process. Unlike litigation, where separate lawyers represent the two parties involved, the spouses work together with one mediator in a mediation.
Mediation allows couples to finalize their divorce without appearing in court. In a traditional divorce, the spouses may need to present themselves in court. The timeline varies for traditional divorces, but most cases take over a year to settle. In contrast, a mediation process can be completed as soon as possible, depending on the spouses.
Mediation also makes it easier to dissolve personal and professional entanglements without taking the case to court. For instance, spouses involved in a family business might want to craft a mutually amicable solution that enables both parties to continue their business associations without having to worry about any disparities in the future.
The best-case scenario for such complicated circumstances is a divorce mediation. It provides the flexibility to reach a mutually acceptable agreement at a lower cost. Additionally, mediation also ensures both spouses are legally protected well within their rights.
If you choose a traditional divorce, neither of the two parties involved in the divorce will be able to continue business operations. As per the norm, all family assets will be severed at the time of divorce, which may not suit every kind of circumstance.
What Is the Role of the Mediator?
A divorce mediator will provide legal assistance and guidance. Such professionals will review your case, put together the necessary paperwork, and ensure both spouses sign a final agreement before filing the divorce.
The primary role of any legal mediator is to facilitate correspondence between the two parties undergoing the divorce. Such legal representatives help couples in decision-making when it comes to subjects like:
- How and which assets are to be divided, and in what way?
- What type of custody arrangement is appropriate for the family?
- What type of financial support is required: alimony or child care?
A mediator will inform the two parties about the divorce process in their state. However, a mediator does not represent either of the parties in court. For this, you’ll need to hire a litigation lawyer who can help you build a divorce case and argue on your behalf.
Why Choose Divorce Mediation Over Litigation?
Your Privacy Is Well-Protected
Since litigation cases happen in court, they’re public to anybody associated with either of the spouses.
Watching the legal proceedings of a divorce live in court can have terrible repercussions on the family members. In contrast, mediation does not require any of the spouses to appear in court. Since the process is a mutual collaboration, it only requires the participation of the two spouses and the mediator.
You Can Control the Timeline
The timeline of a divorce mediation is controlled by the spouses. Their mutual collaboration is not controlled by the court or any legal deadlines. Spouses can take their time to discuss major subjects that impact their marriage. For instance, couples undergoing a separation often need additional time and assistance to deal with the initial process of divorce before having any further discussions.
You Don’t Need to Spend a Lot
Divorce attorneys often charge hefty amounts for counseling and legal processing, especially when there’s litigation involved. In contrast, mediation doesn’t require any legal representative in court. The spouses work mutually together with a mediator to dissolve their marriage and submit the required paperwork. Though they receive guidance and counseling from the mediator, the process is more cost-effective.
You Can Find Mutual Solutions
Litigation only occurs when there’s a conflict between two parties undergoing a divorce. For instance, a spouse may demand alimony or compensation for child support against the opposing party that refuses to accept the claim. But litigation doesn’t help resolve such issues. With mediation, both spouses can settle their differences and find mutually acceptable solutions that benefit both parties and their families in the long run.
For instance, most divorce cases that remain unresolved between spouses may result in custody battles in court. While co-parenting or joint custody is preferred, this doesn’t happen in most cases where litigation is involved. In fact, a recent study reports that out of 778 people who settled for joint custody, 56% opted for divorce mediation. These statistics may report the growing confidence in mediation as a more efficient means of resolving a divorce.
