Mediation can be a helpful tactic to use while getting a divorce. Rather than litigating the divorce, a couple works with a third-party neutral to make decisions on their own. These decisions still have to adhere to local laws regarding child custody rights and/or property division, but the couple has the chance to come up with solutions jointly, rather than litigating and having a judge make a ruling.
There are many potential benefits to doing this. It is often faster and cheaper. It can be easier for young children. It keeps the records of the divorce out of the public eye. Best of all, it allows couples to have more agency over the decisions and maintain control of what their life looks like after their divorce.
Cooperation and conflict
The biggest things to think about when deciding if mediation will work for you are how much conflict is in your relationship and whether or not you will be able to cooperate.
For couples in high-conflict relationships, mediation may not be productive. They simply find themselves constantly getting into arguments, or they refuse to work toward joint solutions. This is when litigation may be the only alternative, as a judge may need to make a ruling for them to follow.
But there are other couples who are getting divorced on rather amicable terms. Perhaps a couple is just growing apart and agrees that it is time for the marriage to end. They are certainly able to cooperate, work together, compromise and take steps to find a solution to their divorce without judicial intervention.
Mediation and litigation can both be ways to resolve a divorce, so it is up to couples to look into their legal options and decide what will work best in their individual situation. Seeking legal guidance is a good way to get started.