While many times a person believes they must proceed to court in order to resolve a divorce proceeding, many times, divorces can be resolved through mediation. Divorces can be difficult, confusing, and frustrating legal struggles. This is especially the case when a family is undergoing emotional turmoil as a result of the divorce process. When emotional struggles are entangled with legal complications, the case can develop into a bitter and unnecessary struggle between the two parties. One of the options that may be available is to have the case handled by a mediator.
Mediation in Family Law
Mediation is a process where the a court-approved mediator resolves a case of a dispute between two different parties. This can sometimes be much more beneficial than attempting to negotiate and settle a divorce through the more common methods. Both the American Bar Association and writers for the Huffington Post have complied reports on the benefits of mediation over standard approaches to litigation. Some of the potential benefits of mediation that were cited include:
- A less adversarial environment: One of the key ideas behind mediation in any situation is to provide an environment where both parties may express their thoughts on the current problem. This is especially important in a divorce proceeding, where emotional tensions are likely to be very high. The mediation process is meant to allow both spouses to present the issues they have in a discussion based environment. In addition, this less adversarial environment exposes any children involved in the divorce to less animosity between their parents as the divorce is negotiated.
- More flexibility: Because mediation revolves around one mediator conducting a discussion between two parties, this process offers greater flexibility for the eventual outcome rather than the two spouses constantly butting heads with their attorneys through the standard methods. With both parties having their issues heard and considered equally, they are more likely to arrive at a solution that is agreeable for both parties.
- Potential for quicker resolutions: With one mediator working to resolve the issues, the process for finalizing or resolving a divorce can be much more efficient. Rather than having both parties retain attorneys, and waiting for both court dates and attorney schedules to clear up to resolve issues through litigation, a mediator can meet with both parties on terms that are convenient and available for both individuals.
- Fewer costs involved: Rather than having both parties conducting adversarial motions against one another constantly, and arranging several court dates, an attorney acting as mediator works for both parties to ensure that a fair and amicable solution is reached. This ultimately reduces the costs of both sides and can save both spouses in court costs and attorney's fees.
Mediation is a highly effective alternative to standard divorce litigation. Mediation techniques may be able to help a family work through a divorce without suffering through bitter litigation.