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Why mediation may be better than litigation when you divorce

On Behalf of | Sep 8, 2017 | Divorce Mediation |

Once a marriage has run its course, it’s not all that uncommon for spouses to become less patient with one another than they once were. As a husband or wife starts to see money, time with the kids, the house, or some other assets slipping through the cracks, things can quickly become contentious between the two.

It’s in situations like this that one spouse may threaten the other with taking them to court to resolve their differences. While this may sound simple to do, it’s not the only option nor is it necessarily the best one. Mediation may actually be a more effective option for you and your spouse to resolve your differences, help you reach agreements more quickly, be less stressful on the two of you, and cost less.

Mediators are not your or your spouse’s divorce attorney, but instead a non-biased third party. In most cases, that individual is either a retired judge or attorney. Their job centers around serving as a listening ear to hear both sides of an issue and to determine if some middle ground can be found.

As is the case with most any type of negotiation, the two spouses participating in the mediation can choose to terminate discussions at any point.

Mediated settlements are kept confidential whereas most court proceedings are open to the public. Topics discussed in mediation are prohibited from being used by one spouse against the other if things proceed to trial as well.

Choosing mediation can help speed up your divorce, reduce costs, and can be far less stressful than a litigated divorce. This is because a mediated divorce allows each of you to remain in control. Once a judge takes over the proceedings, much of what the couple is allowed to bring up is left to his or her discretion. You’ll also be subject to the judge’s schedule, face postponements, and other delays.

With mediation, it’s possible to reach a resolution that is satisfactory for both parties involved. This reduces the chance that you’ll have to seek out a modification to your agreement in the future and could ultimately allow the two of you to get along better post-divorce.

If you’re separated from your spouse and you’re looking to amicably resolve your differences, then a Fort Myers divorce mediation attorney may be able to help you do just that.

Source: The Huffington Post, “Why choose mediation over litigation?,” Vikki Ziegler, accessed Sep. 08, 2017


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