When you think of mediation, you probably imagine a group of people sitting around a table and discussing their problems. However, that is just one type of mediation. Once you have agreed to divorce, the next step is to sort out your future as individuals and partners in business together. You don’t want to rush into signing any agreements; rather, you need time to consider the potential effects of any decisions you make. Mediation can help with your divorce case in many ways: it can save money and reduce stress levels for both parties, which might even increase the likelihood of a successful reconciliation down the road. This article will introduce you to mediation for divorce cases and its benefits for everyone involved.
What is Mediation During Divorce?
In the context of divorce, mediation is a process in which couples jointly discuss their issues with the help of a neutral third party, the mediator. The mediator does not make decisions for the couple and does not give legal advice. The goal of mediation is to help the couple find a solution that is best for them and their family. Mediation for divorce can take place in person or online, and some couples even use a combination of the two. In mediation, both parties are on equal footing, so there is no judge or jury to make the final decision. Mediation has its origins in the legal system with the goal of reducing the amount of time spent in court. Today, mediation is also used in non-legal settings to help people solve problems and make decisions.
Why Courts Require Mediation to Take Place
There are many benefits to mediation. In addition to helping couples resolve their issues and come to an agreement on their divorce, mediation also reduces stress and costs. When you go to court to resolve your divorce, there is a risk that emotions can run high, which can make it difficult for the attorneys to negotiate on your behalf. In mediation, you have control over how the conversation progresses. If a particular topic is difficult for you to talk about, you can choose to table that issue or revisit it at a later time. Mediation also reduces financial stress. Couples who go to court spend an average of $350 per hour in legal fees. In mediation, there are no attorneys involved, which means the cost is much lower. Couples who go to mediation report spending $1,000 on average to resolve their issues. Mediation also allows couples to resolve their issues faster than if they waited for their court date. Research shows that couples who mediate are two to three times more likely to reach an agreement than those who go to court.
Pros of Mediation for Divorce Cases
– It helps couples reach a resolution. The goal of mediation is to find an agreement that both parties can agree to. Couples can focus on discussing their issues and coming up with solutions without the pressure of a court date hanging over their heads.
– It helps parties avoid the potential for bias. It’s difficult to be unbiased when one party is your friend and the other is your spouse. A neutral third party can help you focus on your issues and reach a decision that is best for both of you.
– It can increase communication between spouses. When you go to mediation, you are required to communicate and compromise with your spouse. Talking through your issues and coming to an agreement helps both parties understand each other’s point of view, which can repair a lot of damage and lead to new beginnings.
Cons of Mediation for Divorce Cases
– It can prolong the divorce process. When both parties are agreeable, mediation is quick and efficient. However, if one or both spouses are uncooperative, mediation can drag on for months. When parties are uncooperative, it’s difficult for a mediator to help them come to an agreement, and there’s always a chance that the mediated agreement will be challenged in court.
– It doesn’t guarantee that the terms will be upheld in court. If the mediated terms are challenged in court, the judge may rule against the mediated decision. If one party feels that the mediator was unprofessional or biased in some way, they can also ask the judge to reject or ignore the mediated decision.
Final Words: Is Mediation Right for You?
It’s important to remember that mediation is not a magic wand that will solve all of your problems. Even if both parties agree on all of the issues, there is no guarantee that the court will uphold the mediated agreement. Mediation is a process, and it takes time for both parties to build trust and find solutions that work for them. However, mediation is an excellent opportunity to discuss your differences, resolve issues, and create a better future for everyone involved.