Question By: Divorce mediation allows separating couples to meet with a neutral third party, with or without counsel, to resolve any issues or items of contention in a divorce. Mediation is preferable to litigation because it is less upsetting and almost always less expensive. Divorce mediation also usually allows the parties to finish their case quicker than a standard divorce. Another important benefit to mediation is that you and your partner have the ultimate say—subject to agreement and the confines of the law—over your contested issues. Outside of extreme circumstances when mediation may not be the best course of action, any agreement reached in mediation is binding on the Court.
1. You set the divorce mediation schedule You don't have to wait for the court's schedule: Family
courts are notoriously overloaded, and a divorce case may have several hearings and proceedings. Each of those could be weeks or months apart if you're bound by the court's schedule. That can drag a case out, whereas mediation is on your terms and timing.
You aren't bound by the court's hours: If weekends or evenings work better for you, you have the freedom and flexibility to schedule mediation during these times (as long as it works for the other parties and professionals who need to be involved).
2. You get a chance to find creative solutions In mediation, you have the freedom to devise
alternatives that the court may not consider. From working out parenting plans to finding compromises in asset division and spousal maintenance disputes, mediation can open the door for exes to figure out unique solutions that fit their needs. These can be far better than the resolutions a judge, who doesn't know you as well, may order if the case goes to court.
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