A steadily growing trend in divorce suits, more couples are turning to mediation to negotiate their divorce resolution. Mediation is usually a faster and cheaper way to work through a divorce, and often produces equitable resolutions that satisfy each party.
A couple will turn to mediation for their divorce either voluntarily or through a judge’s ruling. How does the process work?
Benefits of the mediation process
The process of mediation produces several benefits for disputing parties:
- Choice of mediator: Before negotiations begin, the couple will choose a mediator to oversee the negotiations. This neutral party will guide discussions toward a mutual understanding, helping each party practice empathy, listening and compromise.
- Confidentiality: Anything said in a courtroom is a matter of public record, but things said in mediation remain confidential. Families may appreciate this particularly as nothing unfortunate said in mediation will resurface in future disputes.
- Flexible scheduling: Mediation is not beholden to court schedules or personnel. The couple can schedule sessions at nearly any neutral location and times that work for both parties. Mediated divorces usually resolve faster as litigated civil cases can sometimes take years to even schedule.
- Less expensive: Because mediation does not depend on state infrastructure, incurred court fees are reduced. Many attorneys charge lower rates in mediation cases as well.
- Greater satisfaction with resolutions: Mediation often produces more acceptable resolutions for a divorcing couple, as the couple drafts the agreement together. Each party is more likely to hold up their end of the bargain as they feel ownership over a decision they helped build.
Ask an attorney
Those looking to file a divorce may have questions about the mediation process and if it is right for them. For couples who are unable to work as closely together as mediation requires, traditional litigation may be best. A local attorney experienced in New York family law may provide answers to these questions and help identify the best way forward.