For mediation to work in your situation, you and your spouse will eventually need to get on the same page about the terms of your divorce.
If you are involved in family law litigation, you may be required by the judge to attempt to mediate your case. If you and your spouse agree, you may choose mediation rather than go to court before a judge. But what is mediation, is it suitable for your situation, and what are the advantages?
What is Mediation?
Mediation is an alternative dispute resolution method that people can use instead of going to court in front of a judge. This process utilizes a third party, a mediator, to help two parties agree on matters relating to divorce, child custody, and other legal issues.
Sometimes a judge may refer the parties to mediation, and at other times, the parties may request the use of a mediator. Mediation gives divorcing couples a way to deal with issues that need to be resolved with the help of attorneys but without going to court. The mediation process is typically considered more prompt, inexpensive, and procedurally simple than formal litigation.
Advantages of Mediation
When mediation is suitable for your situation, there are many benefits to choosing this forum. Settling disputes through mediation saves money and time and generally leaves the parties in a better state of mind.
The advantages of choosing mediation include:
- Greater control – Mediation increases the power the parties have over the resolution. Each party is directly involved in negotiating their agreement – no settlement can be imposed upon you.
- Convenience – Mediation is a convenient way to settle a dispute. The meeting is arranged at a suitable venue. Each party has its own room and a separate room for joint sessions. The mediator talks to both parties together and privately and a settlement is reached.
- Confidential– Court proceedings are public. However, mediation is private and entirely confidential.
- Voluntary – Mediation is entirely voluntary. Either party can leave at any time.
- Inexpensive – Mediation generally costs much less than trying to settle the matter in court. Traditional litigation can be costly, and the total cost is often unpredictable.
- Procedurally straightforward – Going to court is typically complicated. More people are involved, more paperwork to process, etc. Mediation is, in comparison, much more uncomplicated.
- Quicker – The process can be slow and time-consuming when going to court. When mediation is used early in a dispute, an agreement can generally be reached more quickly.
- Support – Mediators are trained and experienced in difficult situations. You have his support as he is a neutral facilitator and helps each party through the process.
Contact The Betz Law Firm
If you need assistance learning more about the advantages of mediation or how the process works, contact The Betz Law Firm. Mediation is appropriate at any stage of a dispute and doesn’t require an underlying legal case. When used early in a dispute, mediation can help reduce conflict and keeps costs from escalating.
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