You and your partner have decided to go your separate ways, but the last thing you want is an ongoing court battle. Litigation can leave you with a bad taste in your mouth, but mediation could offer some sweet relief.
Mediation has been shown to leave participants more satisfied with the process than those that achieve their divorce through contested litigation. Undergoing the process with an impartial mediator to guide you can have all kinds of benefits that will leave you feeling better.
Points of division
Mediation and litigation may be looking for the same end, but the improvement lies in the means:
- Control: A judge tasked with upholding precedents can sometimes take your personal wants into account, but it often rests on general needs. The judge will likely take a cursory glance into your life and make rulings on custody, support and assets. Mediation could allow you to play a much more central role in deciding how your divorce plays out.
- Time: Keeping out of the courts can save you a good deal of time. Going before a judge can come with a lot of procedural responsibility, which can make the process stretch out over the calendar. And each of those visits before the bench has to fit into a likely-packed court docket.
- Costs: Your precious time probably isn’t the only way litigation will have you paying. The costs of mediation can pale in comparison to forking over filing fees, covering court costs and retaining a lawyer throughout a drawn-out divorce process.
- Privacy: What happens in court is usually ripe for public record. Mediation is generally out of the eyes of the courts, and the only time you’ll see a judge may be when they are signing your arrived-upon agreement. This means whatever information you used negotiate will probably stay behind closed doors.
Your divorce doesn’t have to play out before the court. Understanding the benefits of mediation could be the first step toward the best division that works for you and your spouse.