Divorce Mediation As An Alternative To Traditional Divorce Litigation

By Author: James
Total Articles: 6
Comment this article

What Do We Understand by Divorce Litigation?

Generally, best divorce solicitors can solve a divorce case using four approaches or methods. Among them, litigation is the most common and availed process. It entails dispute resolution when the spouses cannot find a unanimous solution for their arguments. It can encompass child support, custody, property division, etc.

Divorce litigation involves preparing and submitting the relevant issues to a divorce mediation lawyer and family court to settle them. Fundamentally, the approach seeks the help of a judge or jury to resolve the problems and decide the outcome to terminate the marriage contract. It, in turn, gets done using specific legal procedures and steps.

However, divorce litigation is exceedingly strenuous and taxing for all involved individuals. It can put a heavy toll on their bodies and mind. Thus, people can go for other less-exhausting methods such as divorce mediation.

What Do We Understand by Divorce Mediation?

Divorce mediation is a suitable alternative to litigation. It entails the divorcing ...
... couple working with a mediator to address and solve the issues between the involved parties. In other words, the case gets resolved personally and without the presence or interference of a court.

In divorce mediation, the lawyers adopt a neutral and objective viewpoint to resolve the case. They inspect and check all aspects and elements of the divorce to decide the settlement terms and separation agreement. Conventionally, the solicitors have extensive knowledge and experience in handling similar cases.

Unlike divorce litigation, divorce mediation is a non-confrontational and more informal approach to the case. Furthermore, it is a comparatively shorter and less-expensive procedure. Overall, the goals of the process include:

• Creating a legally sound, mutually-acceptable, and reasonable divorce agreement
• Minimizing post-divorce hostility, disagreements, and hostility
• Reducing the cost and mental strain that remains associated with the other divorce methods

In divorce mediation, the lawyers do not determine the outcome. Instead, they help the spouses come to a marital settlement and compromise that benefit both parties. Thus, the latter gets more control over the process.

What Advantages Remain Associated With Divorce Mediation?

Divorce mediation has several advantages that can suit specific scenarios and situations. A few of these pros entail:

• Quick Process

Divorce mediation is a comparatively quick and expedited process. It may take a few weeks to a few months at maximum.

The approach involves the spouses and compensation claim solicitors. In other words, the hassles related to court trials remain absent. It can include the paperwork and complex proceeding initiation steps.

• Mental Peace

Divorce mediation ensures the parties can settle their divorce and determine an agreement in a calm and composed state of mind. Hence, it helps the spouses speak to each other without negative thoughts and feelings. It, in turn, reduces the chances and possibilities of disputes and conflicts between them pre and post-divorce.

Another positive aspect is that children do not have to see their parents fighting. Thus, it can eliminate their childhood trauma.

• Reduced Expenses

Divorce mediation removes the need for expensive and complex court proceedings. The only charges involved go for the services of the divorce attorneys. Nevertheless, that amount can also get eliminated if a spouse represents themselves during the settlement talks and does not hire a third party.

• Better Control

Divorce mediation provides better control over the process to the spouses. It allows them to handle the case and make the decisions instead of the attorneys or court. Additionally, it permits the proceedings to remain private and under more discretion.

Furthermore, the ladies can seek the help of female divorce lawyers. It will allow them to feel more relaxed and comfortable.