When your marriage is over, and there is no room for reconciliation, filing for divorce may seem like an obvious decision. Before you start the proceedings in Montgomery, it is absolutely critical that you get a quick overview of Alabama laws. While the internet will give you detailed articles and posts, you must also understand that each divorce case is unique and must be evaluated on merit. You can check the website of any top law firm and schedule an appointment with an experienced divorce lawyer. If you and your spouse cannot resolve issues, such as child custody or distribution of assets, you will usually have a contested divorce, which will take time. Going to trial may seem imminent, but there are also other dispute resolution options, such as mediation.
In this post, let’s discuss more about divorce mediation and why you should consider the option.
What is divorce mediation?
Mediation is considered an alternative to litigation. The process involves a neutral third party called the mediator, who will facilitate discussions between parties. Both parties have to pay for the process and can choose the mediator, but in some cases, the court may assign a mediator.
Why consider mediation?
- It is voluntary: Unlike litigation, where you have to go and fight in court, mediation is voluntary. Both parties have to agree to the process, which will create the space where they can discuss things and come to a settlement. Mediation is helpful when you want to avoid an adversarial split.
- It gives you control: Another reason to consider mediation is control. Unlike a traditional court trial, where the judge makes decisions, and you accept what they say, mediation gives you an opportunity to negotiate and have a conversation. As long as you and your spouse are not blinded by emotional rage or ego, the outcome may not be entirely different from what you wanted.
- It is affordable: When a divorce case goes to trial, there will be multiple hearings, and the process can continue for months. You will have to pay your lawyer and other expenses, and the divorce could dent your financial situation. While mediation also requires spending money on the mediator, the option is still cheaper.
- It moves faster: If you want to end the marriage soon and get done with the legal proceedings, mediation is always better. You don’t have to wait for multiple hearings or the court to make decisions. Instead, you will talk before the mediator, which is easier and faster.
- It is confidential: Contested divorces that go to court become a matter of public record, which obviously is not something that you would want. Litigation could impact your family relationships, and you don’t want a bitter fight that would be known to everyone. Mediation is different because only you and your spouse, along with respective attorneys and the mediator, are involved.
- It is better for the kids: Mediation is a collaborative process, and therefore, it is better for the kids who don’t have to witness harsh conversations. As a parent, protecting your child should be your first priority, which is why mediation is better for the entire family.
Meet an attorney
Now that you know how mediation works and the various benefits, speak to your family law attorney and discuss the best way forward. Mediation requires you to be open to compromise, as not everything may happen according to your wishes. You have to be flexible, but the good news is your divorce lawyer in Montgomery will be there with you to ensure you don’t compromise on your rights. Ensure you understand the process in detail before taking the next step.
