If you are going through a divorce, you may fear a long and bitter courtroom battle. Fortunately, this is not necessary for all divorce cases, and some couples find that choosing mediation is a much better option. During the mediation process, each spouse will meet with a mediator that is a neutral third party. The role of the mediator is strictly to foster compromise and communication to help the couple reach an agreement on their own without the need for a divorce trial.

Mediation holds many benefits, including the fact that it can be less costly and take less time than a divorce trial. Spouses may also be more likely to comply with the agreement because they had a hand in creating it. Still, if you are considering mediation, it is important to know how to properly prepare so you get the most out of it.

Identify Your Goals

All divorce cases require some give and take by both parties. When entering into mediation, it is important to remember that you likely will not secure every favorable term you are hoping for. Once you understand this, you can then identify what is most important to you, and what terms you are willing to compromise on. Understanding your goals, as well as those of your spouse, can help during settlement talks and can result in your divorce being finalized sooner.

When a couple is pursuing a divorce, two sets of lawyers are often used to address the legal issues that must be resolved. Each lawyer will represent their client’s best interests when negotiating a divorce settlement or resolving issues in court. Divorces can be lengthy and expensive, but if a couple can work together to resolve their outstanding legal issues, the process can be made easier and simpler. In these cases, divorcing spouses may want to consider divorce mediation.

What Is Mediation?

During mediation, a third-party mediator works together with the spouses to resolve legal disputes. In regards to divorce, a mediator can help couples end their marriage on their own terms. Couples will discuss the various aspects of their divorce with the mediator present, working to reach a decision regarding issues such as property division, parenting considerations, and spousal maintenance. If they are able to reach an agreement, their divorce settlement will be sent to the court for final approval.

The mediator does not make decisions for the couple, but instead acts as a facilitator, guiding the conversation and helping them to understand the issues that must be resolved, and working to reach a mutually acceptable agreement. Here are a few reasons couples may choose mediation over traditional litigation:

When you are getting a divorce, there are several ways to complete the process of dissolving your marriage. One way is through traditional litigation, which leaves the issues of the divorce to be decided by the court. You and your spouse could also attempt to negotiate the terms of your divorce on your own, or perhaps each with your own attorney providing guidance. However, many couples find that the process of mediation is the most efficient and effective divorce method. Before you decide how to proceed, understanding the advantages and disadvantages of mediation can help you choose the best option for your divorce.

What Is Divorce Mediation?

During divorce mediation, the two spouses discuss their unresolved issues in front of a mediator. A mediator is a third party who will aid divorcing spouses in conflict resolution. His or her job is to be a neutral advisor during the mediation process, helping to clarify misunderstandings and guiding the spouses toward making decisions. The mediator does not represent either spouse and therefore cannot provide either one with direct legal advice, but it is helpful to have a mediator who understands all of the legal complexities of the divorce process, including the allocation of parental responsibilities (child custody), parenting time (visitation), and the division of assets.

Mediation Pros

Divorce mediation offers several potential benefits, including:

Over the course of a marriage, couples can accumulate a large amount of marital assets and debts, including homes, cars, savings accounts, businesses, investments, mortgages, and more. If you decide to get a divorce, the prospect of dividing property between you and your spouse may be one of the most daunting parts of the process. However, in many cases, division of property does not have to be an ugly fight. If you and your spouse are willing to communicate and cooperate, you may be able to reach an agreement that works for both of you through divorce mediation.

What Is Divorce Mediation?

Mediation allows divorcing couples to make collaborative decisions about the terms of their divorce agreement, including not only property division, but also child support, spousal support, and parenting time and responsibilities. A neutral, third-party mediator guides the discussion to promote constructive conversations and efficient resolutions, but you and your spouse maintain control over the outcome. Mediation may only be possible if you and your spouse are both interested in cooperative solutions, but when that is the case, mediation can save you the time, money, stress, and lack of privacy that you would face in a trial.

Benefits of Mediation for Division of Assets

When it comes to the distribution of property, mediation makes it possible for you and your spouse to decide upon the assets that are most important to each of you, instead of being bound by the rulings of a judge. For example, if one of you wants to keep your marital home, you may be able to negotiate for one of you to purchase the other’s share of the property. If there are other possessions that each of you holds dear, you can ensure that you maintain those possessions after your divorce. If you have significant assets in retirement accounts, you can discuss a plan to distribute them without facing early withdrawal penalties or excessive taxes. If there is a disparity in income or earning potential between you and your spouse, you can negotiate for spousal support payments to allow for a more equitable distribution.

Divorce mediation is quickly gaining popularity and is replacing divorce litigation as the “go-to” method of divorce for many couples. Why? No one wants to spend more time with their soon-to-be-ex-spouse than necessary, right?

Increasingly, that is not the case. Mediation allows divorcing couples to work together to create solutions that work best for their unique circumstances. The decisions are more personalized than those produced by a judge. Mediation also prepares couples for the collaboration needed for successful co-parenting.

Let us take a look at some of the leading benefits of choosing divorce mediation: