Mediation is a form of alternative dispute resolution. People who disagree on critical matters can sit down together, along with a neutral professional mediator, to work out their disputes. Mediation is a common means of addressing disagreements during a divorce.
Many divorcing spouses start discussing mediation when things go south after an initial filing. When the spouses end up disagreeing about custody matters or key aspects of property division, they may decide to work together to try to settle outside of court by attending mediation.
Mediation is an excellent option for those attempting to overcome a dispute during their divorce proceedings. However, couples don’t have to be in the middle of a divorce for mediation to be an option. Some couples agree to attend mediation together before either of them files any paperwork with the courts.
Arranging for an uncontested divorce
When spouses have disagreements with one another regarding key divorce terms, such as how to equitably divide their property, they may need to wait for a hearing. Litigated divorces tend to be relatively protracted and expensive. Successful divorce mediation, on the other hand, allows for an uncontested divorce. Spouses who mediate before they file can settle all of their disagreements in advance and pursue an uncontested divorce filing.
Minimizing stress and conflict
It can take weeks or possibly even months for spouses to stall out in their divorce negotiations. The entire time that they have unresolved disputes with one another, they may experience elevated stress levels. The longer the process of settling disagreements drags on, the more likely the spouses are to experience secondary consequences related to divorce stress. By agreeing to mediate in the earliest stages of the divorce process, spouses can shield themselves from conflict and minimize how much stress they experience. They also take control of the process early, allowing them to prioritize the terms that matter the most to them.
Couples preparing for divorce may want to explore sitting down in a mediation session before they ever submit documentation to the family courts. Working with the mediator can lead to an uncontested divorce. Spouses can potentially limit their conflict, stress and expenses by working cooperatively before initiating a divorce filing accordingly.