How Mediation Differs from Traditional Court-Based Divorce
How Mediation Differs from Traditional Court-Based Divorce
Divorce is a complicated, and often painful, process that can cause many disputes and disagreements. Many individuals do not know the benefits of divorce mediation or how it can help them through the difficult process of a marriage coming to an end. The court should not be the place where the resolution of a dispute begins, rather, it should be the place where it comes to an end after all means of negotiations and alternative methods have been tried. Here are some ways mediation differs from traditional court-based divorce and why it may benefit you and your spouse.
How Does Mediation Work?
Mediation is a non-adversarial, voluntary, private, and flexible process used to resolve any issues or provide the legal, financial and tax needed for the parties’ to make informed decisions. A neutral mediator is there to assist the couple in negotiations and reaching mutual agreements. It is almost always more cost-effective and quicker than proceeding through the courts.
What is the Difference?
Divorce mediation is different in that it does not involve a judge. Rather, a trained and experienced mediator helps each spouse come to amicable terms. Traditional litigations often require lawyers to define the parties’ expectations and needs based on an understanding of the law. With mediation, both parties are able to take control to make their own decisions. This reduces the trauma and tensions often associated when terminating a marriage. This also gives the divorcing couple an opportunity to negotiate in a private, quiet office, instead of a public courtroom.
What Are the Benefits?
Divorce mediation can assist in allowing each person to retain control over the decisions at hand rather than be advocated by lawyers. It can also help to address each spouse’s needs accordingly, thusly promoting cooperation and communication. If children are involved, it can help them to understand their parents are working together, rather than against each other, to come to an amicable resolution. The mediator can help both parties understand the importance of focusing on the future and to maintain a positive outlook, despite the circumstances. In the end, mediation helps divorcing couples achieve a sense of peace after experiencing the financial and emotional stress of ending a relationship. The processes involve in mediation is sure to take less time than a standard litigation, and just as assuredly cost less.
Hire a Mediator for Amicable Results
In traditional litigation, your lawyer handles most of the negotiations, with the judge deciding the final outcome. Divorce mediation allows both parties to regain control and work together with a neutral and unbiased mediator to decide on an agreement that will benefit both of them. In all but a few cases, spouses experience great results not just with the process, but with the end result as well.
