When a couple gets divorced, they may go through a wide range of emotions. However, some couples have accepted that they are dissolving their marriage and want to get through the process as quickly and amicably as possible. These are the cases that are best suited for mediation as opposed to a trial. A mediator is not a judge and will often tailor solutions based on the unique needs of the couple.
If a couple has children, it might be in the children’s best interests to see their parents work out a settlement with a mediator. Mediation is often less stressful than going to court, and a child will see that their parents can still work together despite their differences. Additionally, parents who can work together through mediation are often awarded joint custody, which keeps both parents in the child’s life.
Mediation is also usually the more cost-effective option when compared to going to trial. A mediator is concerned with getting a deal done that is in the best interests of both parties, which generally leads to a faster resolution. The cost of a divorce settled through mediation can be 40 to 60 percent less than the cost of a divorce that heads to court. Part of the savings comes from the fact that there is only one mediator compared to multiple attorneys.
Couples who are going through a divorce might wish to talk to an attorney about their options. While mediation could be best for some, an attorney may be better suited for cases where domestic violence occurred or is occurring. An attorney could also be best in cases where the couple does not get along. It such cases, it might be best for a judge to make a ruling based on applicable law.
Source: American Bar Association, “Benefits of Mediation in Divorce Cases,” Holly Clemente, Accessed Feb. 27, 2015