Understanding ALL of your options when dissolving a marriage can make the process quicker and less costly. Mediation is an alternative to litigation that couples can choose that provides both parties with a greater amount of control over the course of the divorce agreement. The Scott Law Group has shown you 13 Ways to Avoid the Pain & Expense of Divorce & Separation. Mediation is a tool that the Scott Law Group suggests to further limit those costs.
Mediation works differently than the court process as both parties work together to try to construct a settlement agreement. All the while a neutral third party, the mediator, tries to facilitate communication in order to achieve this goal. A mediator cannot make determinations like a judge can, so both spouses have more control of the situation. The mediator allows for both parties to have a say in making decisions and that both parties understand what their decisions mean. The goal of mediation is to form an arrangement that works for both parties without the need for future intervention.
- Mediation often moves much more quickly than typical litigation proceedings.
- By saving time, you can also save a lot of money in legal fees.
- Most people want to keep their proceedings private and mediation proceedings are strictly confidential.
- When convoluted or complex proceedings are in question (business disputes or high-asset divorce proceedings), a mediator with case-specific experience may be appointed.
- When children are involved, mediation can help protect kids from some of the harsher aspects of the proceedings, including appearing and testifying in court.
Once agreements made through mediation are approved by a judge, they become legal court orders that both parties are expected to follow. Generally, settlement agreements made outside of court are less strict and benefit both parties as they had more say in the matter than they would in court. Couples might discuss things like child custody, division of property and alimony or child support during mediation. Each spouse may find it advisable to have separate legal representation throughout the process.
Divorce and separation are difficult times for everybody and the Scott Law Group is here to help you through them. If you have any additional questions, go to the Family Law section of our website to see if the answer is there. If not, feel free to email us at [email protected] or call (336) 993-5000 to set up an appointment to discuss your matter in detail.