Divorce is undoubtedly one of the hardest times in any person’s life, and going through the court system does not make it easier. In fact, in traditional divorces, where the couple goes to court with their attorneys to resolve matters, there is often a level of animosity and conflict between the parties.
Alternatives to going to court
Going to court is not your only option if you are getting a divorce. Other avenues allow you to achieve the same outcome without much drama, frustration and time lost going to court hearings, as well as the money you have to spend on court and attorney fees.
Mediation
Mediation is a voluntary, non-adversarial process in which a neutral third party, a mediator, facilitates a conversation between the two sides to help them communicate effectively. The goal of mediation is for the parties to reach mutually agreeable solutions.
However, unlike in court, the mediator does not decide for the parties. Instead, they facilitate the dialogue and help each party explore their options, sometimes suggesting creative ways to solve their conflict.
Benefits of choosing mediation
Mediation is highly effective. In addition to the private practice of mediation, courts around the country use mediation as part of their procedure, often asking the parties to attend mediation before scheduling a trial date in an attempt to help the parties settle.
- Mediation is cost-effective and generally less expensive than going through the court system.
- Mediation can save the parties a lot of time, as going through the courts can be lengthy.
- Mediation allows the parties to maintain more control over the outcome of their divorce.
- Mediation facilitates communication between the parties and offers tools they can use later.
- Mediation is an entirely confidential and private process, unlike many court proceedings.
Though you can always have an attorney with you (in many cases, it helps to have counsel negotiate on your behalf), you are not required to hire an attorney for mediation.
In short, mediation is a highly effective option for couples looking to get through their divorce in a timely, less costly and less adversarial manner. Naturally, because of the voluntary nature of mediation, the parties have to agree to participate.