Many spouses preparing for divorce take an adversarial approach. They fight with one another over property division and other divorce issues. If they cannot resolve their disagreements, they may end up in family court. Judges then decide how to split their property and resolve their other disagreements based on state statutes. Contested divorces can be expensive and unpredictable. They can also be very stressful, as every interaction with a spouse might devolve into an argument.
Some couples decide that they want to employ a more cooperative approach to divorce. They may try to mediate their disagreements. Mediation may help those disagreeing about divorce terms arrange for an uncontested divorce.
What is divorce mediation?
Divorce mediation is essentially a facilitated negotiation. The spouses schedule a meeting where they sit down with a neutral third-party mediator. The mediator helps the spouses discuss the situation and evaluate potential solutions for their disagreements.
By exploring the expectations and complaints of the spouses in a confidential setting, the mediator can help them arrive at solutions that they both agree are reasonable. If the mediation session is successful, the spouses sign a binding agreement clarifying the terms that they set. They can then present that agreement to the courts as part of an uncontested divorce.
What makes mediation beneficial?
Mediation is a way for divorcing spouses to negotiate meeting in the middle on major issues. It can be difficult to see someone else’s perspective while viewing them as an opponent. The lawyers representing the spouses have a fiduciary duty to work in their best interests, which doesn’t necessarily mean that they encourage compromise on key issues.
Mediation can be a way for spouses to secure control over the overall divorce process. As long as they are successful, they can set their own terms. Mediation can lead to uncontested divorces, which tend to be much more cost-effective than litigated divorces. Successful mediation also helps spouses address various concerns in a confidential environment instead of forcing them to disclose private information in family court.
Exploring divorce mediation as an alternative to traditional divorce litigation can be a reasonable option for some spouses. Divorce does not have to be a protracted battle if people can find ways to cooperate with each other.