The process of divorce and child custody is challenging for any couple to go through. Especially when assets and children are involved, it is crucial to understand the process and what is coming if you divorce your spouse through the traditional court system.
Litigating a divorce can be appropriate for some instances, such as when the couple is no longer on speaking terms, when there is significant conflict or resentment, and when it becomes clear that civility is out and it becomes evident that it is going to be an adversarial divorce. In other cases, however, mediation makes sense.
Mediation can make divorce a much easier process to navigate and a less conflictive approach. It makes sense for couples committed to entering the mediation process with an open mind, in good faith, and intending to resolve problems and reaching a settlement.
What is mediation?
Mediation is a form of alternative dispute resolution (ADR) that involves the parties, their attorneys if they choose to have attorneys and a mediator, whose role is to facilitate a conversation between the parties with the intent of reaching a settlement.
What subjects are appropriate for mediation?
Almost anything that goes into the divorce process through the courts is fair play in mediation. Absent certain circumstances, such as criminal activity and other complex matters, mediation can be a safe space where a neutral third party gives the couple room to make decisions for themselves and their children.
What are the benefits of mediation?
You and your soon-to-be former spouse are the only two who know everything about you, your history and your children. Mediation allows you to make decisions based on that knowledge, as opposed to having someone else (for example, a judge) make decisions for your family, knowing very little about you.
Mediation is private. Anything discussed in mediation sessions remains in the room and does not become a public record.
Even if you divorce through the court system, you may still have to go through mediation. Nowadays, divorce law in most states or localities require that the divorcing parties attempt to mediate the case with a mediator of their choice prior to going to trial.
You and your soon-to-be former spouse can choose your mediator, giving you control over who will facilitate your mediation.