Each couple reaches the decision to divorce in their own time and in their own way. Some are resigned to the end of their marriage and are ready to move forward with as little drama as possible. Others feel the need to turn the divorce proceedings into a competition to get the most from the settlement. They may even want to embarrass the other spouse in the courtroom in a way to get even with them for leaving the marriage or to retain control of as much of the process as possible.
What Mediation Does
When a couple opts for divorce mediation, they must agree to sit down with their spouse and have a reasonable discussion about what they want to achieve through their divorce settlement. Instead of entering into a courtroom with a “winner take all” attitude, the couple considers their priorities and what they want from the different issues. After they have considered all the potential outcomes, then they start to negotiate.
Divorces are emotional and, when they take place in the courtroom, they can take a long time to settle and end up depleting a lot of the couple’s assets. Mediation is very different in that it takes a much shorter period of time and it costs much less. Too often, a spouse doesn’t realize until they are well into the litigation process that they are only hurting themselves and their loved ones by dragging out the divorce and postponing a settlement.
Mediation either works or it doesn’t. A successful mediation is one in which both parties are able to agree on all or most of the terms of their divorce and sign the agreement presented by the mediator. Once they do; the resolution is final and binding in most cases. If it is not successful, then the couple can go to court and settle the divorce through litigation with legal representation on each side. Not surprisingly, legal fees and court costs are significant and will grow as more time passes before a decision is reached.
Best Case Scenario for Litigation
Couples who go to court to settle a divorce through litigation pay more and spend more time waiting to get a divorce. The negative impact on them, their children, and their entire families can be significant. All of the time and money invested comes down to a final decision that will come from a judge. Many couples have found nothing but disappointment from their efforts in the courtroom. If dissatisfied with the outcome, they can have the option to go back into court to start the process over again or to learn to live with the decision the judge has made.
Divorce Mediation: A Better Way of Divorcing for Your Kids
Divorcing parents can get caught up in the emotions that are common with divorce and forget the impact their changing lives have on their children. Mediation offers a more peaceful way to settle the divorce that focuses on the well-being of the children. Divorce mediation offers a shorter process, lower cost, and a less stressful process for the kids.