Mediation is a type of alternative dispute resolution that is used to help divorcing couples understand each other, and work together to reach an agreement about tough issues in a divorce. While mediation is not always effective, it can be one way to mitigate litigation, as well as the high costs, time expenses, and emotions that accompany going to court.
Mediation may be something that couples choose to engage in on their own, or it may be court ordered. Either way, there are multiple benefits of mediation, including:
Mediation Can Be Less Expensive
Costs in a divorce increase dramatically when a couple needs to go to court to resolve issues, such as how property will be divided or who will get custody of a shared child. These expenses are comprised of both court and lawyer fees and going to court can wind up costing thousands of dollars. If you want to avoid the highest costs of divorce, mediation is often a much less expensive option.
Mediation Puts Control in Your Hands
Another benefit of mediation is this: when you mediate the outcome of your divorce, you play an active role in determining what that outcome will be. The opposite is true when you go to court, where a judge will make a decision about your case that is not within your control. If you want to keep some autonomy and power within your hands, and if you want to be in charge of where you’re willing to budge on an agreement and where you’re not, mediation may be the answer. However, in most cases, attorneys are not present during mediation, so you will not have the benefit of an advocate with knowledge of what you may be entitled to there to assist you.
Mediation May Help to Preserve the Relationship
You’re getting a divorce, which means that you and your spouse have made a decision that continuing your marriage is no longer an option. However, that does not mean that your relationship has to be filled with contention or negative emotions. When you choose to mediate a divorce settlement, you are telling your spouse that you want to work together to resolve tough issues, and that you’re willing to compromise and hear what they want and need from the resolution. This can be a very important and mature step to take, especially if preserving peace within your relationship is essential moving forward. For example, if you have a child together, avoiding contention is very important.
Mediation Is Faster
No one wants their divorce to drag on and on; finding a fast resolution and being able to part ways as soon as possible is ideal. However, if you are unable to reach an agreement out of court, your divorce likely will take longer to resolve, as the case will need to be heard by a court and resolved within it. Just setting a court date can take a long time, let alone going through a divorce trial.
Learn More About Mediation Today
Mediation can be an important part of all divorces. If you and your spouse are seeking a divorce and have questions about mediation, how it works, and whether or not it’s right for you, call our experienced Naperville divorce attorneys at Fay, Farrow & Associates, P.C. today. We are skilled lawyers and mediators who are ready to support you.