Ending a marriage is a difficult process, but while most people imagine heated courtroom battles, the reality is that many divorcing couples throughout the United States are choosing alternative dispute resolution in lieu of litigation. Specifically, mediation offers the chance to have more control over the outcome of your divorce, and it’s vital to understand the various benefits of mediation if you are thinking about how you can resolve this difficult situation.
What Is Mediation?
Mediation is a form of alternative dispute resolution. During mediation, each divorcing spouse and their respective attorneys meet with a neutral mediator to negotiate terms for their divorce. This process usually takes less time than litigation while offering the chance to save money on legal fees and to have more influence over the final outcome.
According to a 2022 study from the National Center for Family and Marriage Research at Bowling Green State University, the divorce rate in the United States reached a 40-year record low for two years in a row in 2020 and 2021, and then the rate increased slightly in 2022 to 14.56 divorces per 1,000 married women that year. Each state has different rules for resolving divorce cases, and many couples are taking advantage of alternative dispute resolution.
If you are unsure whether mediation is a viable option for your divorce, you first need to discuss this with your spouse to determine whether they are open to the idea. If both of you agree to pursue mediation, you will each still need to hire respective divorce attorneys to represent you in your mediation sessions.
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Potential Benefits of Mediation
Divorce is a notoriously expensive and difficult process in most states, but it doesn’t have to be this way. Alternative dispute resolution, like mediation, can help you complete this difficult process in a more comfortable setting and with greater control over the final outcome. Many divorcing couples are exploring mediation for the various benefits this process can offer:
- Mediation is entirely private. Everything you and your spouse discuss in your mediation sessions will remain confidential. By comparison, when you litigate a divorce, everything said in every courtroom session becomes public record. If your divorce requires discussion of sensitive personal issues, mediation is preferable for the privacy it offers.
- Mediation allows both spouses to negotiate more mutually acceptable terms for their divorce. When you litigate, the court follows state divorce laws closely and may not account for either spouse’s personal preferences. This flexibility allows them to potentially reach more personalized solutions rather than being subject to the court’s strict and impartial decisions.
- Usually, mediation results in lower attorneys’ fees than litigation. Mediation typically requires far less time to complete than litigation, meaning attorneys do not need to spend as much time working on the case. However, it is only true when divorcing spouses are cooperative and proactive with their negotiations. It is still possible for disputes and impasses to arise, slowing the progress of mediation.
- Mediation is generally less hostile than litigation. Both spouses can focus on the practical issues they must address, and they can also prioritize the elements of their divorce that are most important to them. For example, mediation can be better for their children because it will reduce stress on their parents, potentially easing tensions in the family during a difficult transitory period.
- Mediation unfolds in a private, low-pressure environment. This can foster gentler communication, even in a contested divorce. The spouses are able to address issues one at a time with a mediator readily available to clarify relevant legal statutes. However, the mediator cannot provide any direct legal advice to either spouse.
Ultimately, mediation is potentially advantageous for any divorce. Your attorney can help you understand your state’s divorce laws as they apply to your case and help you determine whether mediation is a viable alternative to litigation. It is important to remember that this process involves multiple complex issues, so it’s vital to consult an experienced mediation lawyer at your first opportunity.
FAQs
How Long Does It Take to Complete Mediation?
The time required to complete mediation depends on the specific details of the case and the willingness of the spouses to cooperate during mediation sessions. Generally, mediation is much faster than litigation, and mediation sessions unfold at the convenience of both spouses. Your mediation attorney can provide a general estimate of what you can expect for your case’s timetable.
Do I Need to Hire a Mediation Lawyer?
You should hire a mediation lawyer to help you through this process. While mediation is more relaxed than litigation, it is still a formal legal process that requires addressing every issue you would need to address in divorce litigation. Both spouses should have respective legal representatives, and these teams will meet privately with a neutral mediator who cannot provide any direct legal advice to either party.
Is There a Downside to Mediation?
The main downside to mediation is that there is no guarantee that the process will yield a mutually desirable outcome, and there is always the possibility that mediation will result in an impasse between the divorcing spouses. However, mediation is flexible, and it is possible for the couple to address various items this way before taking their remaining issues to court.
Is Mediation Cheaper Than Litigation?
Mediation can be cheaper than litigation, but this depends on whether the spouses are able to negotiate in good faith and resolve their issues efficiently. Most family lawyers charge their clients hourly rates, so the more time your attorney spends working on your case, the more it will cost you in attorneys’ fees. Mediation is generally much faster than litigation, but there is always a possibility that this process will take longer than you expect.
The team at Shore to Shore Mediation has extensive experience handling a wide range of complex family court matters, and we have successfully guided many past clients through challenging divorces. There are various benefits of mediation that everyone should know, and we can help you determine whether this is right for you. Contact us today to schedule a consultation with our team and learn how we can assist with your case.
