Is Mediation Better than Divorce Court?
Posted on Jan 7, 2014 4:45pm PST
Mediation is a form of dispute resolution that allows couples to reach divorce settlements outside of the courtroom. If you're seeking a divorce, you may wonder, "Is mediation the best option for me?" The answer to this question depends on the unique circumstances surrounding your case.
- Generally speaking, mediation is a better option for uncontested divorces. On the other hand, divorce complicated or high net-worth divorces may need to be settled in court.
Mediation is beneficial for a variety of reasons. For example, mediation can save you time and money. Most of the time, divorce mediation is faster than court proceedings. Like any form of dispute resolution, mediation will take time, but it will probably take less time than allowing divorce court to handle the case.
Every divorce is subject to state laws, but mediation allows the couple to customize their settlement in ways that they may not be able to in court. If you and your soon-to-be former spouse know how you want to divide your belongings and child custody, mediation may be able to help you obtain the exact settlement that you want.
Do I need an attorney for divorce mediation?
Yes, an attorney can still help you during divorce mediation. Many people assume that they don't need a lawyer for mediation. This is not true. While you are not obligated to hire an attorney, an experienced legal representative can guide you through the mediation process, coach you for negotiations, and make sure that you understand your legal options and rights.
Legal mediation isn't for everyone, though. In fact, mediation is a bad idea for many couples, but how can you know if mediation isn't a good option for your family?
- Your divorce involves a significant amount of money, property, or assets. High net-worth divorces are complicated; couples can rarely reach an agreement without the help of an attorney in court.
- You and your spouse do not agree on issues like child custody and alimony. Mediation is designed for couples who are willing to work together for a common goal. If you or your spouse is unwilling to compromise, divorce court might be your best option.