For many couples who wish to divorce the idea of going through a traditional courtroom divorce is not appealing. While litigation and court intervention is often necessary in many divorces, some couples may prefer and benefit from divorce mediation.
Through the mediation process, a divorcing couple comes together to discuss and attempt to sort out important divorce-related matters. A divorce mediator guides the conversation and helps educate divorcing spouses about relevant legal rules and procedures. Often, throughout the mediation process, third-party experts are called upon to provide additional information related to issues like finances and children.
Mediation is a form of alternative dispute resolution that can assist divorcing couples in finding common ground when figuring out divorce solutions. Through mediation, divorcing spouses are given more say in and control over issues like child custody, child support and the division of assets and property, which ultimately impact their lives and those of shared children.
Through the mediation process, couples who are able to successfully reach agreements about divorce-related matters can avoid going to court. Documents outlining agreed upon terms and any formal agreements are then filed with the court and thereby become enforceable.
In addition to affording divorcing spouses more control over the divorce process and related issues, mediation is also often less time consuming and costly. Additionally, divorcing parents who, despite a divorce, are able to come together and resolve important child custody issues through mediation are often better prepared and able to effectively communicate and successfully co-parent.
Source: Findlaw.com, “Divorce Mediation FAQ,” 2014