Divorce is a complicated and emotionally complex process for anyone going through it, and the court process does not make it any easier. Many people struggle during their divorce because of all the uncertainty surrounding procedural rules, laws, and other aspects with which they are unfamiliar.
There is more than one way to divorce, and mediation is an alternative to court. It is an effective way for couples to dissolve their marriage without going through an adversarial process.
What is divorce mediation?
Mediation is a form of alternative dispute resolution in which a neutral third party, a mediator, helps the couple facilitate a structured conversation and negotiation that ideally ends in a settlement.
Can my attorney attend mediation?
Yes. You can attend mediation alone or have your attorney represent you and your interests in mediation. Mediators do not give legal advice, even though some are former judges or attorneys.
Can we use mediation to solve our entire divorce?
In many cases, yes. If the parties are certain of their issues, bring them all to the mediation table, and are willing to reach an agreement, they can reach a mutually agreeable solution that can be a legally enforceable settlement.
What happens if mediation fails?
If the parties cannot reach a mediation agreement, they can always go back to court and divorce using the traditional litigation method. The parties are not forced to reach a mediation agreement, so it is almost always worth a try.
Mediation is an effective way for couples to discuss and negotiate the issues in their divorce. It can be used as a way of divorcing if the parties are willing to make all decisions together. The court may also encourage mediation as part of the litigation process before trial.