Divorce mediation is a collaborative problem-solving method that involves the assistance of a neutral professional mediator. The mediator could aid in seeing both parties’ through the divorce’s emotional element and typically comes up with options the couple would have never considered before the mediation. Because both parties don’t have lawyers that could cloud their true concerns, the mediator could offer them the chance to be heard and hear each other’s concerns regarding the divorce issues that they should agree upon.
The Difference Between Mediation and a Typical Divorce
In a typical divorce battle, both parties hire their own lawyers. The entire process will take place over several months, and in some cases, even years, usually with countless depositions, motions, hearings, competing experts, and will typically end with a trial. The combined cost regarding money, time, and stress might be overwhelming since the divorce process could become a costly and drawn-out proposition. In the meantime, both parties will typically live their lives in a sort of limbo, unsure of the final result.
With mediation, on the other hand, both parties agree on one mediator, with the entire mediation process involving minimal costs and time, as well as a fast resolution, with most reaching resolutions in only a month or three.
If Divorce Mediation Fails
While it’s entirely possible to reach a resolution that’s agreeable to both parties while evading avoidable compromises and high litigation costs, there might be times that mediation won’t resolve each case, says a divorce attorney who also does mediation in Colorado Springs, such as the Law Office of Gordon N. Shayne. In the event that the parties can’t reach a resolution, they’re both free to get their own lawyers and continue the divorce process with litigation.
Note however that mediation is completely confidential, which basically means that the couple can’t use everything they disclosed during mediation while battling in court to bring each other down. Additionally, even if the couple didn’t reach a complete agreement, they could narrow down their divorce issues with a partial agreement that they could use during litigation to reduce the cost and time of deciding on those issues.