Mediation is an alternative to litigation in a divorce and is one of the most frequently used methods of negotiating a divorce settlement. In divorce mediation, you and your spouse hire a neutral third party, called a mediator, to meet with to discuss and resolve the issues in your divorce. The best thing about mediation is the divorce mediator does not make decisions for you, but facilitates you and your spouse figure out what is best.
Anyone going through a divorce would benefit from considering mediation, which can work for almost all couples and has a long list of benefits.
- Mediation is less expensive than a court trial or a series of hearings.
- Most mediations end in a settlement of all of the issues in your divorce.
- Mediation is confidential, with no public record of what goes on in your sessions.
- You and your spouse control the process.
- Mediation allows you to arrive at a resolution based on your own ideas rather the courts.
- You can still have a lawyer give you legal advice, and it is recommended.
- The mediation process may improve communication between you and your spouse, potentially reducing future conflicts.
While mediation is absolutely worth trying for most couples, not every couple belongs in mediation. For example, if there is domestic violence in your relationship, you are likely not appropriate for mediation.
Mediation helps both parties find an agreement that can meet their needs in the divorce at a lower cost than litigation. It is important to be willing to consider the other person’s perspective and to compromise. At the end of the mediation, a written agreement will be drafted expressing what both parties have agreed to that can be incorporated into your legal divorce paperwork.
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