Every divorce involves different circumstances and, therefore, has a unique outcome. Intense spousal emotions are a common complicating factor during divorce proceedings. People who feel betrayed or disappointed by their spouses may struggle to agree on how to address shared assets and debts.
Frequently, those who do not agree on key divorce matters may choose to litigate their disputes. However, litigation is not the only way to resolve disagreements about property division, financial support or parenting matters. People also have the option of seeking alternative dispute resolution, such as mediating their disagreements. Divorce mediation requires the services of an outside professional who oversees the mediation process. They try to help spouses compromise on their disagreements and settle their disputes.
Why do many people who have decided to end their marriage choose to work cooperatively as part of that process?
To set their own terms
Litigated divorce proceedings are highly unpredictable. People never know what a judge might decide when reviewing their circumstances and applying state law. Couples who need certain terms because of their children or their personal concerns about their property may prefer to mediate their disagreements instead of litigating, as they can then retain total control over the outcome. If they don’t reach an agreement, they always have the option of proceeding with litigation after unsuccessful mediation.
To protect their privacy
Litigated divorces often require that spouses expose private matters in family court. They also have to make formal disclosures regarding their assets and debts. People concerned about what details might become public record may want to consider mediation instead of litigation. Mediation is generally a confidential process, with the agreement that spouses sign afterward being the only document that becomes part of the public record.
To control their costs
Divorce litigation is often far more expensive than people anticipate. Time in court is usually one of the biggest contributing factors to the final price tag for a divorce. Spouses who work outside of court to pursue an uncontested filing may find that the process costs them less, even when considering the expense involved in retaining the services of a mediator.
Looking into alternatives to divorce litigation can make a divorce less frustrating and unpredictable. Spouses who choose to mediate can take control over the process and may ultimately feel happier about the outcome.