Divorce can be a lengthy, expensive and emotionally draining process, particularly when parties end up in court fighting over assets and children. It can also feel like an invasion of privacy since most divorce filings and proceedings are a matter of public record. If you are anxious about these issues, mediation might be something worth considering.
Mediation is a form of dispute resolution in which divorcing spouses work with a neutral third-party mediator to identify key issues of contention, discuss each side’s concerns, and negotiate a settlement that’s agreeable to both sides. Once the settlement is agreed upon, it’s memorialized in a legally enforceable contract that lays out the terms.
Mediation typically takes six months or less, compared to court proceedings that often take more than a year. A quicker process usually also means less in legal costs.
Beyond the time factor, mediation offers more flexibility in scheduling than court proceedings. Rather than adhering to the schedule of a backlogged court, the parties and the mediator can set a calendar tailored to the parties’ needs, making the process more efficient and less disruptive.
Additionally, mediation is private, so the parties don’t need to worry about private matters being exposed in a family court that is open to the public. And should mediation ultimately not work and the parties end up in court, matters discussed in mediation are considered confidential in most states and can’t be brought into court as evidence.
Mediation further enables parties to work with a mediator to craft creative solutions to complex disputes over real estate, financial investments, and especially issues of child custody, parenting and support. Rather than being stuck with a rigid formula that often binds judges, the mediator can work with parties to create a detailed, customized plan.
However, mediation isn’t for everyone. When conflict overwhelms communication, the process may stall. Taking time to evaluate whether mediation aligns with your circumstances can help you choose the most productive way to move ahead.
Rob Hagy is a Virginia divorce and family law attorney serving Charlottesville, Virginia, and surrounding communities. You can see more content from Rob at www.charlottesvilledivorceattorney.com and at www.virginiafamilylawjournal.com.