AI Products 

How is Divorce Mediation better than Litigation?

Adam Taub
How is Divorce Mediation better than Litigation?

The traditional way of terminating a marriage is the litigated divorce, which is highly stressful, time-consuming, and expensive. You and your spouse shall confront each other in the courtroom, and the designated judge has the right to decide the terms of the divorce agreement. Depending on the level of conflict, litigated divorce proceedings may go on for months and even more than a year. Couples that are on amicable terms or have nothing to lose usually opt for an uncontested divorce, which is quick and inexpensive. However, if you and your partner are not able to work things out on your own, you may consider an ADR (alternative dispute resolution).

Mediation is a type of ADR, which allows couples to settle divorce related disputes without going to court. The divorcing parties meet up with a professional mediator in their office or another informal setting to discuss their problems; a virtual online meeting can be set up as well. The mediator can be a lawyer or someone who is well-versed in family law, and has plenty experience resolving different divorce-related disputes. The mediator is a neutral party who listens to both sides and then devises a solution that is reasonable for everyone involved.

Family Law Attorney in Tulsa, OK, enlists some basic advantages of divorce mediation over litigation:

It can save time and money

The most obvious benefit of opting for mediation rather than litigation is that you sidestep long waiting times for court hearings and the corresponding legal fees. You and your spouse can meet up with the mediator with or without your individual attorneys. You might be able to sort out your differences in a single session, which would be ideal in terms of saving time and money. You and your spouse pay for the mediator collectively, and avoid austere court procedures. 

It takes away most of the stress

Mediation is a lot more laidback as opposed to courtroom sessions before a judge. Litigation is too ceremonious, which is why it tends to make people anxious and nervous. Divorcing parties are on edge, and tend to hold back because they are afraid to do or say something that hurts their case. You can talk more freely in front of a mediator, whilst keeping your affairs private; in contrast, whatever happens in a courtroom becomes public information. Mediation is easier on the kids as well, as it doesn’t completely deprive them of their comfort zone.

You retain control over all matters of divorce

When you let the court intervene, you give up most of your privileges to influence the final verdict. You can still make compelling arguments to gain the court’s favor, but the ultimate decision lies in the hands of the judge. The court judge/jury will enforce a divorce agreement that reflects their understanding and concerns. You cannot go against court orders; you may file an appeal against the ruling, but the chances of success are rarely promising. With mediation, you remain in control of the divorce proceedings entirely.

You have a choice

The mediator does not have the same power as a courtroom judge. Their purpose is to suggest fair and feasible solutions for conflict between the divorcing parties. Whatever they say is not binding, i.e. if you are not happy with their proposal, you can refuse. The judgment of a mediator only takes effect if both parties vote in favor.

It is a relaxed process that promotes cooperation

Since mediation is an unpretentious arrangement, it helps dissipate antagonism and competition between the couple. The divorcing partners are encouraged to face each other in person and are given the chance to explain their side of things. Sometimes, getting to say your mind and hearing out your spouse clears up several misunderstandings. You can put yourself in their shoes, which might convince you to be rational and vice versa. Thanks to mediation, many couples are able to sustain a friendly or civil relationship post-divorce; this is essentially useful in the case of joint child custody. 

Adam Taub
Zupyak is the world’s largest content marketing community, with over 400 000 members and 3 million articles. Explore and get your content discovered.
Read more