No one enters into a marriage expecting to get divorced. But, unfortunately, it happens. If you find yourself in the midst of a contested divorce, you may be wondering what your options are. One option that is often overlooked is mediation. If you and your spouse are having trouble agreeing on key issues, it may be a good option for you. In mediation, both parties meet with a neutral third party (the mediator) to try to reach an agreement on the terms of the divorce.
Here are five reasons why mediation may be a good option for you:
Mediation Is Typically Faster and Cheaper Than Going to Court
If you and your spouse are able to reach an agreement in mediation, the divorce process will be much faster than if you go to court and have a judge decide the terms of your separation. In addition, mediation is typically cheaper than going to court to resolve a contested divorce. You will only have to pay the mediator's fees, which are usually much less than the cost of a lawyer.
This doesn't necessarily mean it's an easier option - you'll still have to address the issues that led to the divorce in the first place. However, mediation can provide a structure and framework for doing so peacefully. This is best done with the help of a divorce attorney who can help you understand and protect your legal rights.
Mediation Can Help Preserve Relationships
If you have children, trying to preserve relationships for their sake is important. Going through a contested divorce can be very damaging. Mediation can help divorcees communicate better and work together for the sake of their children. In some cases, it can even help repair interconnections with family, kids, and friends across the board.
Even if you're going your separate ways, it's still important to try and maintain a respectful bond. This will make things easier for everyone involved, especially your children. Considering that child custody mediation is also one of the most contested issues in any divorce, it's important to try to keep things amicable.
Mediation Is More Confidential
Anything that is said during mediation is confidential. This means that anything you say cannot be used against you in court. This level of confidentiality is not present in the court system. In court, everything you say can implicate you. This could potentially hurt your case if you say something that can be misconstrued out of context.
We've all seen divorce cases where things get ugly. Airing all the dirty laundry in public is embarrassing. Mediation offers a confidential setting where you can have honest conversations without worrying about them being used as evidence.
You Will Have More Control Over the Outcome
In mediation, you and your spouse will have the opportunity to discuss the divorce terms and agree on them. This is in contrast to going to court, where a judge will make the decision for you. The judge may not see things the way you do and could make a ruling that’s against your best interest, making the divorce more stressful.
In mediation, you will have more control over the outcome of your divorce. This is especially important when it comes to issues like child custody, visitation, and support. These are all important issues you will want to have a say in. So long as you both respect and trust the mediator, you will be able to have an open and honest conversation about what you both want.
You Can Get Creative With Solutions
Mediation allows you and your spouse to be creative in coming up with solutions to divorce problems that might not be possible in court. For example, if you're having trouble agreeing on custody arrangements, the mediator can help you brainstorm different options that might work for your family's unique situation.
In court, the judge will typically only consider the standard custody arrangement of one parent with primary custody and the other with visitation rights. However, if the two of you can agree, you can come up with an arrangement that works better for your family. This could involve joint custody, split custody, or even a bird's nest arrangement.
Consider Your Options Carefully
As you can see, mediation has many benefits that can make the divorce process less stressful and more successful overall. If you are considering mediation for your contested divorce, be sure to talk to an experienced family law attorney who can help guide you through the process and protect your rights. The goal is to ensure you're fully informed before making a decision.