Mediation described in a nutshell
Mediation as a divorce method has numerous advantages, including being cost-effective and less stressful than litigation.
People who are considering a divorce may feel intimidated and discouraged at the thought of going through a long and drawn-out court battle. Fortunately for Las Vegas residents, the divorce process does not necessarily need to be the contentious kind that people see in gossip columns or on drama shows. There are even options that may allow couples to end a marriage amicably.
One of these options is called mediation. Mediation is becoming increasingly popular among divorcing couples across the country for numerous reasons. Couples who are able to set aside hard feelings and approach their disputes with an open mind may find this method of divorce to be quite effective.
What is the mediation process?
According to the American Bar Association, mediation involves a neutral third party, who sits with the divorcing couples in a series of sessions to resolve their divorce issues. This impartial party may be a certified mediator or a family law attorney with mediation experience. Often, divorce attorneys are certified as mediators to allow their clients a greater choice of options. The mediation process involves sessions with the mediator, during which the divorcing spouses discuss their issues and reach solutions, with suggestions and help from the mediator when needed.
Mediating a divorce has many benefits over traditional litigation. These may include the following:
- Mediation gives a divorcing couple more privacy. Instead of having their disputes heard in a public courtroom, they will be able to discuss them during private mediation sessions.
- The process can be over with quickly. Most of the time, mediation only takes a few sessions.
- Mediation is known for costing a fraction of the cost of a contested divorce.
- An amicable divorce is much less stressful for everyone involved, and is better at shielding children from conflict.
- The divorcing couple may learn valuable communication and negotiation skills during mediation sessions, which are especially helpful in terms of child visitation and custody matters.
Mediation works best when both spouses are able to treat each other with respect and to discuss matters without letting resentment and anger get the better of them. Since every couple’s divorce is different, mediation is not guaranteed to work for everyone. There are some cases in which it may be best to take matters to court.
When litigation may be the better choice
If one or both spouses are not able to calmly discuss their disputes, a judge may need to intervene, states the Huffington Post. The same is true if one spouse was abusive during the marriage, or if substance or alcohol abuse were an issue. Litigation may also be necessary if one spouse uses financial, intellectual or emotional intimidation over the other.
Before deciding that mediation is your best option, it is recommended to speak with an experienced family law attorney in Las Vegas. An attorney can listen to your concerns and help you come up with the method that is most suitable for your particular case.