Many divorcing couples aspire to complete uncontested divorces. They want to retain control over the process instead of leaving everything up to a judge. Mediation is a helpful option for those dealing with major divorce disputes despite a desire to file an uncontested divorce.
During mediation, spouses discuss their disagreements with the support of a neutral mediator. The terms that they set during mediation can then directly influence the final orders issued during divorce proceedings in family court.
Do people who attend mediation have to compromise on issues that matter to them?
Mediation typically isn’t binding
Mediation is a form of alternative dispute resolution, like arbitration. Many people have heard stories of customers or employees forced into binding arbitration by big businesses. Unlike arbitration, which sometimes forces people to accept decisions that deviate from their expectations, mediation is typically a voluntary process.
Spouses choose to participate, and they choose whether or not they want to sign the final agreement. A degree of compromise is almost always necessary. Agreeing to give up an interest in certain property may allow a spouse to retain other assets.
However, the mediation process typically does not force people to compromise in areas where they refuse to do so. Spouses who reach compromises sign a binding agreement outlining those terms at the end of the mediation process. Those who don’t agree do not have to settle. They can refuse to sign an agreement, although that may mean that they do have to litigate their divorce later.
Learning more about divorce mediation can help people feel comfortable about looking for ways to settle disagreements outside of family court. Spouses who can compromise in some areas may be able to retain control over the outcome of their divorce proceedings.