Many people in unhappy marriages choose to stay not because they imagine that things may get better but because they fear divorce. They know that the process takes months and can be incredibly expensive. They don’t want to disrupt their family and diminish their standard of living. Remaining in an unhappy marriage can have negative mental health consequences. It is also a decision that sets a negative example for minor children.
People who want to divorce but also want to minimize conflict and expenses may want to consider divorce mediation. A mediated divorce is often more cost-effective and faster than a litigated divorce.
What makes mediation different?
Divorce mediation is technically separate from the legal divorce process. Mediation is a form of alternative dispute resolution where parties experiencing a disagreement sit down together to discuss the situation and what solutions they believe might be appropriate.
During divorce mediation, each spouse has an opportunity to explain their perspective and expectations. They can then work with a neutral mediator to try to compromise and find appropriate arrangements for all of the outstanding issues related to the divorce.
Successful divorce mediation can result in an uncontested divorce. Spouses sign a binding agreement and then use that agreement as the basis for the terms of an uncontested divorce filing.
What makes mediation beneficial?
Divorce litigation can take months to resolve. There is more demand for time in family court than there are hearings available. Spouses may have to wait for months to present a contested or litigated divorce case to a judge. Mediation can occur relatively quickly, and uncontested divorces are much faster to finalize.
Limiting the amount of time spent in court also significantly reduces the overall costs of a divorce. Much of the final price tag of a divorce comes from court expenses. The more issues that spouses have to litigate, the more they typically pay to divorce.
When couples mediate, they only require court approval of their divorce, not a judge’s input on key decisions. Other benefits of successful divorce mediation include retaining control over the terms set for the divorce and being able to discuss disagreements in a confidential setting.
Proposing divorce mediation as an alternative to litigation can be a smart decision for spouses who are ready to file for divorce. Spouses who successfully mediate their disagreements can often divorce more quickly and for less money than those who litigate.