Mediation is a form of Alternative Dispute Resolution (often referred to as ADR) that allows parties to have control over the outcome of their situation. It is particularly well-suited for use in divorce and other family law cases because it is often faster, less expensive and allows for a party to have a greater level of control. With the help of a mediator, participants in a mediated divorce settlement are able to reach a resolution that is satisfactory to both parties.
A mediated divorce or custody settlement is independent of a court system and a judge. For this reason, divorcing couples often find that mediation is a good way to arrive at unconventional or customized arrangements regarding child visitation, custody and other issues that arise during divorce. In addition, if the parties are unable to settle the matter through mediation, it is not binding; they can return to court and present their arguments to a judge if they wish. Mediation is also a generally less expensive option than other options because you don’t have to pay court fees and often can wrap up the divorce in only a few sessions.
It is clear that there are a number of benefits to mediation, it just depends on whether the couple is ready and willing to communicate. Mediation requires a couple to be able to sit in the same room as one another and openly communicate in a calm and constructive manner. Mediation isn’t always for everyone but it may be worth a shot. As previously stated, if the couple is not making any progress through mediation simply because they can’t put aside their differences for the common good, it may be better to have a judge decide.
If you are contemplating mediation for your divorce, contact the experienced family law attorneys at Haber Silver Russoniello & Dunn today.