What Makes Mediation A Better Solution Than Divorce Court?
Whether amiable or not, the dissolution of a marriage can be a stressful and emotionally draining experience. And for these reasons, most spouses dread having to meet their spouse in court, as things can quickly escalate into a combative state. If you are looking for an alternative way to resolve the dispute between you and your former spouse, mediation can be a great route to take. By giving mediation a chance and being open to the proceedings, you can walk away from your union knowing that you have managed to resolve your problem without leaving it to a judge to decide the outcome. So what makes mediation a better solution than divorce court?
Mediation takes a shorter time than court proceedings
Unless you have had a divorce before, it is likely that you underestimate how much time goes into court proceedings. Firstly, what couples tend to be unaware of is that deciding to divorce each other does not imply you will be in front of a judge the following day. Instead, it may take your lawyers months on end to secure a court date. Secondly, once the court date is determined, the judge will still have to hear from both parties, and this could take a significant amount of time.
Mediation, on the other hand, can be undertaken immediately. As long as the former couple tries their best to be as cooperative as possible to the process and genuinely is motivated to get the best outcome for the entire family, mediation can lead to resolution of your dissolution in the shorter time possible.
Mediation encourages the fostering of respect
A second reason why you may want to contemplate mediation over divorce court is to minimise negativity during the dissolution of your marriage. Mediation is typically carried out in a low-stress environment, which is starkly different from the formality of court. This informal nature is supposed to enhance communication between the parties rather than make them feel like they are going into battle.
With a mediator present, both you and your ex-spouse get equal chances to express their feelings about the end of the union plus what they would like the outcome, moving forward, to be. The mediator will then try the bet to reconcile both your points of view so that an agreement suitable to both parties is reached. It is more likely that you will still be in talking terms with your ex after mediation as you will not be facing each other with a "lose or win" mentality.
For more information about mediation and divorce, contact an attorney with experience in family law.