Through depictions on TV and accounts from certain friends and acquaintances, you have probably heard the horror stories of divorce. However, these nasty court battles do not have to be the reality for your divorce. As an alternative to the traditional litigated divorce, you and your soon-to-be ex-spouse can choose to mediate your divorce agreement. This involves a neutral third party (mediator) who works with both of you to come up with a fair and diplomatic agreement.. While mediation, like other methods of divorce, has its tradeoffs, there are several benefits; we have outlined four below.
1. Mediation can save you money. This is one of the most attractive features of a mediated divorce. If you and your spouse agree on everything except for one or two parts of your divorce, you (understandably) probably don’t want to have to go through the entire process of litigation to resolve these disagreements. A contested divorce often means multiple court hearings, a discovery process, and overall longer timeline. These added elements will increase the amount you have to pay.
2. You have more control over the mediation process than a contested divorce in court. When you rely on a judge to decide on parts of your divorce agreement, you are ceding control to an individual who does not know as much as you do about the particulars of your situation. While judges are extremely knowledgeable and strive to hand down fair judgments, you will have more control over the final agreement reached in mediation.
3. The subject matter discussed in mediation is confidential. As a principle, everything discussed in court is a matter of public record (unless a judge orders records to be sealed). Conversely, what you discuss during your mediated divorce is private. Therefore, if you are afraid about friends and family finding out about some potentially embarrassing details of your split, then mediation could be a good option for you and your spouse.
4. You have the option to head to court anyway. Unless otherwise specified by all parties prior to engaging in mediation, the results of a mediated divorce are not legally binding. This means that if you are not satisfied with the tentative agreement produced by the mediator, you can still go to court.
While mediation has its benefits and is quite different from a litigated divorce, you still need to have an attorney by your side during the mediation proceedings so you can ensure your interests are well-represented. The Divorce and Mediation Law Firm would be honored to offer you honest and caring legal guidance during your divorce. Call our firm today at (954)-447-2580 to get started with your confidential consultation.