Are You a Good Candidate for Divorce Mediation?

Couple sitting in attorney's office

Litigation can be costly in many ways, and divorce litigation is no different. If your case has to go to court, it can result in additional time, expense, and stress for you and your spouse. For this reason, our skilled attorneys at Blood Law try to do everything possible to help our clients reach out-of-court agreements and avoid litigation. One option that can help in many cases is divorce mediation.

Mediation Overview

Mediation is a form of alternative dispute resolution (ADR) aimed at resolving legal conflicts without going to court. In a mediation session, spouses will sit down with a third-party mediator who is not representing either spouse, but who is intended to be a neutral party. Mediation sessions can address one or more issues on which you cannot agree in your divorce, including:

  1. Child custody arrangements
  2. Property division
  3. Spousal support

The mediator will work to facilitate conversation and compromise to help spouses reach a mutually favorable agreement regarding unresolved issues. Spouses then present their mediation agreement to the court, and the judge can include the agreement in the final divorce order.

Is Mediation Right For Your Case?

Spouses in many different situations can benefit from divorce mediation. Sometimes, you might think you and your spouse are too far apart on certain issues to benefit from mediation, or that you cannot have a conversation without arguing, so how will you attend mediation sessions? It is important to remember that all spouses who attend mediation do not agree on certain aspects of the divorce – otherwise, mediation would not be necessary. 
The following are some reasons why you might want to consider mediation:

  1. You are looking to keep the cost of your divorce as low as possible
  2. You want to prevent delays in ending your marriage
  3. You want to maintain control over how issues are resolved and reach an agreement on your chosen terms

When you cannot agree on a certain issue, you will need to present the matter to the judge. The judge will listen to each side and will make a decision on how to resolve the matter for you. Spouses have no control over issues once they go to litigation, though you do have control in mediation. This alone is often an incentive for spouses to try to work together in mediation.

Who Is Not A Good Candidate For Mediation?

Even spouses who vehemently disagree can still succeed in mediation, though this type of dispute resolution is not right in some situations. For example, if your spouse engaged in domestic abuse and/or you have a protective order against your spouse, mediation will not be the right choice. If your spouse refuses to agree to any reasonable conditions from the start – and makes it clear they will never compromise – it might be better to initiate litigation. This is a decision you should always make with your lawyer

Consult With A Charlotte Divorce Law Firm About Your Options

The experienced attorneys at Blood Law in Charlotte help clients resolve their divorce cases in a variety of ways, including negotiation, mediation, or litigation. Contact us to learn more about our services.

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