Mediation is an excellent way to work through disputes during your divorce without having to go to court. If you and your spouse have both agreed that you want to keep your divorce as private as possible and avoid going to trial, then mediation is one option that may help you.
Mediation is a simple method of dispute resolution. It requires you and your spouse to come together with a third-party mediator. That mediator will guide conversations about your dispute and help you move toward a resolution. Mediators won’t make decisions for you or be representing one person over the other. They’re totally neutral, and they’re there to help.
What makes mediation so good for people who don’t want to go to trial?
When you and your spouse agree that you don’t want to go to trial, it sets a standard that you can build your mediation sessions on. If mediation fails, you might have other dispute resolution options, but since both of you are keen on staying out of court, you’ll be more willing to try to work together.
Mediation is much more private than a trial. The things you say or do there are private. When you reach an agreement, that agreement is given to your attorneys for review prior to being sent to the court for approval. It’s a simple process, but it’s one that can help protect your privacy and keep you out of the courtroom.
What if you want to try mediation but have a spouse who isn’t willing?
If one party isn’t willing to mediate, you may want to look into other options. However, your attorney might be able to discuss mediation with your spouse’s attorney and try to encourage a session or two, just to see if anything can be resolved. People who don’t want to mediate may be set on going to trial or negotiating directly, but it’s still worth attempting to set up a session. If they don’t like mediation after trying it, then mediation fails and direct negotiations, arbitration or a trial may come next.
Mediation can be successful if both parties are willing to try it. It’s something to look into if you and your spouse want to keep your marital estate private or to keep any feuds you have under wraps. Your attorney can talk to you more about mediation and if they believe that it could be beneficial in your case.