When any type of legal matter goes to court, the parties involved typically relinquish a substantial level of control over the circumstances. While it is possible that the court could broker an amicable deal, it is much more likely that acrimony and contentiousness will arise. Additionally, most court dates are set weeks or months in the future, and there is little or no progress made in between court appearances. As a result, what might have been a fairly simple divorce can quickly turn into a long, drawn-out dispute. In many situations, however, mediation might offer a much more reasonable option reaching an agreement regarding a divorce—an option that allows the involved couple to address the most important issues at their own pace.
Understanding Mediation
Mediation is a type of alternative dispute resolution in which two or more involved parties engage in negotiations under the guidance of a neutral third party. This third party—called a mediator—does not generally offer advice or solutions. Instead, the mediator provides direction for the parties to help them reach a resolution. The mediation process is used in a wide range of legal matters, and it is quite often used in family law and divorce proceedings. Spouse who choose a mediated divorce could opt to retain their own respective attorneys, and some mediators are actually licensed attorneys as well.
Scheduling Flexibility
The cooperative nature of divorce mediation makes it appealing for many situations, but mediation is often attractive for the flexibility it offers. Scheduled court dates generally require both spouses to take time off from work, arrange for childcare, and spend a great deal of time waiting for the chance to address their concerns. Mediation sessions, on the other hand, can be usually be schedule for any time that is convenient for both parties and the mediator—including evenings and weekends. This allows the process to move faster and more efficiently compared to most litigated divorce cases.
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