It is usual for couples to have disputes during the divorce process. These conflicts can stem from property division or child custody disagreements, often necessitating intervention. Some prefer to litigate these issues in court, having a judge decide after reviewing the case details. In some cases, the court can recommend divorce mediation.
This mediation type works like the usual process, involving a mediator to facilitate discussions between parties. For this option, the parties discuss matters concerning their divorce. The couple can choose to mediate disagreements involving parenting schedules, child support, spousal support, property division and other relevant divorce concerns. This approach can yield the following benefits:
- The parents have more control over decisions related to their child.
- This procedure allows opposing parties to collaborate and solve issues together.
- It helps divorcing couples develop a relationship built on cooperation and compromise.
- The process could reduce hostility often fostered in court.
- The children could benefit from optimal decisions and arrangements made by parents who know them best.
- Ending disputes out of court could have less accompanying cost than litigation.
The court might recommend divorcing couples to mediate based on their willingness to collaborate. The judge will still review the agreement after completing mediation and make adjustments that seem appropriate depending on the case details.
Settling issues in court is sometimes unavoidable
The court offers some flexibility for divorcing couples regarding dispute resolution. Sometimes, they can choose to mediate selected topics and take the rest to court. Still, some factors might call for a judge’s intervention, especially if the case involves risk factors like domestic violence or abuse. Mediation might be inappropriate in some situations but remains a valuable and low-cost alternative.
