The process of fighting with your ex in court during divorce is litigation. Many couples think of litigation as an inevitable part of divorce proceedings. However, litigation is not the only way for you and your former spouse to dissolve your marriage.
You can also potentially work together to set your own terms for the divorce and then file an uncontested divorce. Many couples find that mediation is a valuable tool that helps them overcome their disagreements and find solutions that work for their family.
In addition to giving you control over the terms that in your divorce, there are a number of other noteworthy benefits associated with divorce mediation.
Mediation keeps costs lower by minimizing your time in court
Litigating your divorce will result in higher overall costs, as you will have to pay for your individual attorneys’ time and the court’s time. While mediation does have its own costs, provided that you are successful, you won’t have significant court costs thanks to the fact that the courts will only need to approve your terms instead of hearing testimony and then trying to set them for you.
Mediation keeps things private
Most family law proceedings become part of the public record. Anyone from your former father-in-law to your college-age children could request documents from the court and read everything you and your ex say about one another during the divorce. Mediation records are private and confidential. In other words, you won’t have to rehash the worst aspects of your marriage in public if you go through mediation.
Mediation can help you find new ways to work together
If you and your ex share children, you will likely still have to see one another frequently after the divorce. A litigated divorce can increase the tension and lead to ongoing conflict. Mediation, on the other hand, can help you find new ways to work together and see one another in a more positive light.
As an added bonus, if you have children, mediation can make divorce easier for them. They won’t have to make statements in court about their living preferences and won’t have to witness you and your ex literally fighting one another.
There are certain drawbacks to mediation, including the potential for you not to reach a compromise that works for both of you. Considering your family dynamic carefully can give you a better idea about whether mediation might be a good fit for your pending divorce.