If your marriage has turned out unfavorably, it is usually better to get a divorce and continue with your life than continue living in an unhappy marriage. However, the divorce court can be quite stressful and unsympathetic to the persons involved.
The goal of the divorce court is to settle who gets what after the marriage, but it is a very sterile and emotionless process. If you are looking for an alternative, companies like https://pacificcoastmediation.com/ offer divorce mediation as an option to circumvent the courts and reach a settlement without the need to involve the courts.
What Is Mediation?
Mediation is an alternative to a civil lawsuit, regardless of the cause. It can be applied to many different situations, including a divorce settlement. It is important to know what mediation is and what it isn’t before you go through the whole process.
First of all, the mediator is an impartial person who is there to listen to both parties and help them reach some sort of agreement. The mediator is not qualified to, nor will they attempt to make your decisions. It is the married couple that reaches the decisions through the guidance of the mediator.
Mediation is a conversation that seems casual and informal, but it is aimed to be practical and to cover all the necessary aspects of the divorce. However, it is first and foremost a voluntary process.
Is Mediation Always a Good Idea?
Mediation is surely going to be much cheaper than a divorce lawsuit, so it makes sense from the financial aspect. However, it does require the consent of both parties, which means that the divorce needs to be a relatively amicable affair for mediation to be successful.
There are some situations when mediation simply doesn’t work. For instance, if one of the parties doesn’t want to accept that the marriage is over, or if they are absent and refuse to cooperate. In those cases, it seems like the divorce court is inevitable. However, most other situations can be solved through conversation and mediation.
What Is Settled in the Mediation?
Mediation can be used to solve a whole slew of matters, including the division of the financial and material assets as well as some sort of child or spousal support if there is a need for that. However, that can easily be solved in court. Where mediation really shows its potential is in dealing with the more humane, sensitive topics, like the custody of the children.
Figuring out a child care and custody plan can be a touchy subject and one which requires a lot of talks. If you choose the divorce court, the judge will determine where the children should live based on very limited knowledge of the case and the situation.
On the other hand, a qualified mediator will listen to both parties and try to help them reach a satisfactory solution. Ultimately, if they are unable to find common ground, the matter can be settled in court, but it is important to give mediation a chance as well. It will be a lot easier for the children who won’t be dragged through courts.
Are Courts Involved?
If the couple agrees to go through with mediation, they will not have to appear before the court. Once the mediation process has been completed, both parties are given the marital settlement agreement (MSA) to sign. It will contain everything previously agreed upon. After the MSA is signed, the mediation company files the paperwork.
This way of resolving issues is not only a lot quicker and easier, but it is also a lot cheaper because there are no court and attorney fees to pay and the process typically takes a lot shorter. Consider this option if you have found yourself in this situation.