When most people think about divorce, the idea of going to court comes to mind. While every divorce is a legal situation that will involve the court because a judge must order the legal end of the marriage, that does not mean every couple must fight in the courtroom. Litigation is expensive, and it often leads to bad feelings between the couple.
There are alternatives, with mediation being a popular choice because it removes the litigation and encourages the couple to work together to come to a settlement. According to Forbes, mediation also is one of the least expensive options and is the quickest method of dissolving a marriage.
How it works
Mediation allows a couple to negotiate and discuss the different factors in their divorce agreement, with a mediator overseeing the discussion. The mediator is a neutral third-party who is there to keep the discussion moving along. He or she may assist if the couple reaches an impasse. He or she may help them work through issues by encouraging more discussion and offering tips for better communication. If talks reach a standstill, the mediator may end them for the day and suggest reconvening at another time.
Mediation comes with many benefits over litigation. In the courtroom, the judge is in charge. When meditating, the couple has more control. They can work through each area of the divorce agreement and decide what they want. The judge will have to follow what the law says to the letter.
This will usually result in a divorce decree that satisfies both people. It also allows for a lot more flexibility because the couple can decide whatever they want within reason. For example, property division should still be fair, but the couple can divide it in any way they want. It also creates a situation where both people feel they had a say and that allowed them to work through issues that could otherwise cause problems post-divorce.