Divorce can be an emotionally overwhelming and hotly contested situation, especially if a couple undergoes court litigation to end the marriage. However, there is another way for spouses to resolve their differences in an amicable, productive, and respectful manner.
Mediation is an alternative dispute resolution process, which involves an independent third party—known as the mediator—who will listen to each party’s needs and concerns, encourage discussions on all necessary issues (e.g., alimony, property division, child custody, child support, etc.), and help couples peacefully come to a mutual agreement. A mediator can be a lawyer, therapist, counselor, or any court-appointed professional.
Here are the five benefits of divorce mediation compared to court litigation:
- Faster process – The average time frame for a litigated divorce is between nine months and two years since the divorcing couple must adhere to the court’s schedule because hearings could occur weeks or months apart. On the other hand, the divorce mediation process only takes a few months since the mediator will work around the spouses’ schedules and can meet with them at any location and time.
- Saves money – Although the exact cost of mediation depends on the complexity of each case, it should be significantly less expensive than court litigation. If you want to take your divorce to court, each spouse must hire their own attorney and use court resources. Remember, the longer your case drags on, the more money you must pay your lawyer to keep protecting your rights and best interests until the end. Since the mediation process is much quicker, you will ultimately save more money compared to court litigation.
- Private – The court ligation process involves providing sensitive information that becomes public record and appearing in hearings that are open to the public. In contrast, anything discussed or drafted during mediation remains confidential.
- Both parties win – When a divorce goes to court, a judge ultimately decides a winner and a loser. However, it is not uncommon for both parties to be unsatisfied with the results from the court. Mediation empowers both spouses to actively engage in the agreement-making process to ensure the final agreement mutually benefits them both.
- Preserves relationships – If a married couple has children, a heated custody dispute can be quite mentally and emotionally damaging for the kids. Since mediation encourages cooperation from both parties, parents will learn how to effectively work together to resolve their differences, which can be used to effectively co-parent their children and save them from being in the middle of a courtroom battle.
