People preparing for divorce often have a complicated process ahead of them. Every couple pursuing divorce has different issues to address. They can also manage the process differently given their dynamic and concerns about the future. Many people associate divorce with litigation, but litigation isn’t necessarily the only option available. Individuals preparing for divorce also typically have the option of attending mediation as a way of resolving their disagreements and filing an uncontested divorce.
How can spouses determine whether mediation or litigation is the best option given their circumstances?
Consider personal priorities before deciding
There are certain benefits to mediating a divorce. Those who want to complete the divorce process quickly may want to limit how much time they spend in court. Successful mediation can lead to a much quicker divorce than litigation.
Keeping costs low can also be a priority for many divorcing couples, and mediation can help with that as well. While mediation may involve hiring not just a mediator but also other outside professionals, such as financial experts to help with property division disputes, those costs may ultimately be less than the cost of litigating disagreements in family court.
Privacy is also often a priority. Couples can rely on confidentiality during mediation, but the personal matters they discuss during litigation typically become part of the public record. Mediation also gives spouses more control. Spouses either negotiate till they agree on terms or eventually choose to litigate. In a litigated divorce, spouses effectively give up control to the judge hearing the case.
Mediation is not a miracle solution
While mediation can be useful for people with many different priorities and concerns, it does not work for every divorcing couple. Both spouses have to approach the process in good faith. The lack of formal disclosure and discovery requirements means that mediation can allow one spouse to get away with certain types of financial misconduct that could have consequences in family court.
In scenarios involving emotional abuse or one spouse with a likely personality disorder, it may be more difficult to ensure a fair outcome via mediation. Domestic violence, substance abuse or an overall imbalance of spousal authority can make mediation a less viable option for spouses. Those exploring their options for divorce often need support choosing the approach they employ, and that’s okay.
The team at Albano, Richart, Welch & Bajackson, LLC has been offering experienced and compassionate support for people with family law support needs since 1965. Reviewing the issues related to an upcoming divorce with our team can help people determine whether litigation or mediation is the right approach for their unique divorce scenario.