Divorce mediation is a civil way for couples to dissolve their marriage. During mediation, spouses can meet with a neutral third party that serves as a mediator. The mediator does not make decisions as a judge in court would. Instead, the mediator acts as a guide to ensure that the conversation remains productive. In the end, the goal is to decide on outcomes for marital issues, such as the division of assets, alimony, child support, child custody and more.
Why is mediation more beneficial than litigation?
Since litigation involves court appearances, it is proven to be less private than mediation. During mediation sessions, it is just the mediator along with the spouses and their attorneys meeting together. This can allow the couple to work through issues without having an audience. They may be more willing to open up to their spouse in this comfortable environment. As long as spouses work together, they can reach a desirable outcome. In court, a judge is the one who is making the decisions regarding marital issues. Due to this, the spouses are not in control of the final decisions for their divorce. This can leave them unsatisfied with the final outcome in court. By undergoing mediation, they are able to be in control of the process. With this, they can reach a compromise instead of giving up their power to a judge.
Court processes can be long and drawn out over time. This time-consuming nature can add to the stress of getting a divorce. Also, it can include expensive attorney fees. In mediation, spouses can go at their own pace. They may be able to get through the process in a quicker period of time as opposed to litigation. Not only can this be less timely, it can prove to be less costly due to smaller attorney fees.
Can I end mediation once I enter into it?
If a spouse decides that mediation is not as productive as they hoped it would be, they have the option to end mediation at any time during the process. At this time, they may enter into litigation to settle the issues. The divorce will then become contested and a judge will be making decisions on child support, alimony and more.
Our firm understands that so much of your future is on the line in matters of divorce, family law, bankruptcy, and estate planning. Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.