Using Out-Of-Court Solutions To Peacefully Resolve Family Law Conflicts

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How is mediation different from traditional divorce?

| Oct 30, 2020 | Mediation |

If you and your spouse decide that you would like to get a divorce, there are a few different ways to go about it. The primary options you have are to go through a traditional court, which goes to the court for trial, or to use mediation.

Before you decide which path you’d like to take, it’s a good idea to go over the differences between a traditional divorce case without mediation and one with mediation. Here’s a little bit more information.

Traditional divorce: No mediation

In a traditional divorce without mediation, both parties negotiate with one another. They may have disagreements that they can move on without support, or they may need to go to trial to have a judge make decisions on important parts of their divorce, such as child custody arrangements, the division of contested property or others.

In a traditional divorce, you will work with your attorney to try to resolve disputes and to negotiate a settlement. If you can reach a settlement, then your attorney can submit it to the court for approval. If not, then they will represent you at trial.

It’s important to note that most divorce trials are public and available in public records. If you want privacy, then going to trial may not be the right option for you.

Mediation and divorce

An alternative to a traditional divorce is a divorce with mediation. A mediator meets with you and your spouse as well as your attorneys, so that you can discuss any disputes you have. They are there to guide the conversation and give information about laws or arrangements that might influence your decisions.

The mediator helps keep the conversation moving. They have you agree to the terms of the discussion before you begin, so that everyone knows to be respectful. They may also give breaks or stop sessions if there is a true breakdown in communication or either you or your spouse are too upset to continue.

If mediation fails, then you will be able to move back to separate negotiations or seeking support from the court. Your attorney can help you with any kind of divorce you have and the methods you’d like to use to resolve your disputes.