Exploring the Benefits of Mediation in Divorce Cases
During mediation, you and your spouse work through the issues that must be settled, such as property division and child or spousal support. A neutral third party, a mediator, helps the couple reach a mutually agreeable settlement.
There are many benefits to divorce mediation. Let’s explore some of them.
It’s Less Expensive
The legal process is notoriously expensive, but divorce mediation can be a more cost-effective alternative to litigation. This is because mediation focuses on finding equitable solutions rather than proving who was wrong in the relationship.
Mediation is also less time-consuming than courtroom negotiations, which can significantly save the fees of a divorce lawyer Albany NY and other professional costs. Additionally, mediation allows participants to generate multiple options for custody and parenting agreements and ways to address children’s expenses.
Money concerns often worry couples, and the mediators can help them collect information on what they own and owe to construct an accurate picture of their financial situation. This can help spouses agree on handling issues such as property division and spousal support. The resulting negotiated settlement is generally enforceable in court.
Divorce mediation allows you to settle issues with dignity and efficiency. It avoids the court protocols and schedules and the adversarial nature of traditional litigation.
During the mediation session, both parties meet with a neutral third party to discuss the issues. The mediator will help the couple negotiate a settlement for all outstanding legal matters.
In mediation sessions, both sides have a predetermined amount of time to present their side of the issue. This helps the mediator to understand both sides more clearly and build a mutually acceptable resolution.
It’s Less Divisive
In mediation, spouses are not faced with two opposing attorneys arguing for their client’s positions. This helps to keep emotions from influencing the outcome of negotiations.
The mediator will help you discuss your concerns and find flexible solutions to resolve your dispute. However, a judge or jury will still make the final decision if you choose to go to trial.
Generally, mediation ends when the mediator and both parties agree on contested issues. You can both write and sign this agreement, making it legal. It is then submitted to the court for approval. If the court approves the document, it will become a legally binding order. This prevents both parties from having to fight in court over the terms of their settlement.
It’s More Flexible
Divorce mediation sessions can be scheduled around the busy schedules of spouses. Couples can meet in comfortable conference rooms at law offices (in person or via Zoom videoconferencing software) and other convenient locations.
The relaxed atmosphere of a mediated divorce allows spouses to be more flexible in their negotiations. This can be beneficial in the case of a financial matter such as asset division or alimony.
The ability to be more flexible in the case of child custody and parenting matters can also benefit couples. Mediators can help them generate multiple parenting options for holidays, vacations, weekdays, and weekends to meet their needs. This flexibility can help spouses create a parenting plan that will work for them in the long term. It can also help them reach a comprehensive settlement agreement that addresses all outstanding issues in their divorce.
It’s Less Stressful
Often, people in conflict feel like their case needs to be getting the attention it needs when fighting in court. Mediation allows for more personal interaction, and the participants decide the resolution to their dispute. This ensures that specific needs are met and that both sides of a conflict are satisfied with the final result instead of having a judge impose a resolution that may not satisfy everyone involved.
Mediation may be the best option if you and your spouse are considering a divorce. Mediation is a collaborative process that can save you significant time and legal fees.