Divorce is difficult no matter what the circumstances. It can be especially difficult if children are involved. Going through a divorce via the court system can be a lengthy, adversarial process that often leaves the parties exhausted and resentful of the other.
However, going through the court system is not the only option for going through a divorce. Mediation, a form of alternative dispute resolution, is an alternative that works for many people, is cost-effective and efficient, and you can still bring your attorneys with you.
What is mediation?
Mediation is a process that brings together the divorcing parties, their attorneys (if they choose to), and a trained mediator who is a neutral third-party tasked with facilitating a structured conversation between the parties.
Mediations can take place with everyone in the same room or in separate rooms, in-person or virtually, and the mediator will help the parties come up with solutions that work for both of them.
The idea behind mediation is to settle all issues in the divorce in a non-adversarial way while still helping the parties identify their interests, prioritize them and reach an agreement. Mediation is not binding, and either party can end the mediation at any time.
However, if the parties reach an agreement, they can file that with the court for the judge’s signature and make it an official binding document.
Is mediation expensive?
It depends on the mediator and how long the parties take to reach an agreement. Most parties who choose mediation hire attorneys to help them navigate the divorce process through the courts or mediation, so there will also be attorney fees. However, it is much more cost-effective than the lengthy divorce process through the court system.
Divorce is tough, and mediation aims to make it easier by providing an informal, positive environment where the parties can discuss their issues, make proposals, offers, counteroffers, and much more. It is highly effective and worth considering. In addition, mediation, as a non-adversarial process, aims to preserve the relationship between the parties so that they do not destroy each other during their divorce, which is especially important if children are involved.