Most divorces are not settled in a courtroom. Instead, they’re settled behind closed doors in mediation. Mediation is a form of alternative dispute resolution that allows a couple to come to terms with one another regarding the terms of their divorce. In mediation, they settle matters such as the distribution of the marital estate (property distribution), alimony, child custody, and child support. This is generally considered preferable to litigating the issues before a judge. In this article, the Danville, IN, divorce lawyer, Chris Arrington, will discuss the role mediation plays during an Indiana divorce.
What are the benefits of mediation in an Indiana divorce?
To understand the benefits of mediation, you must first understand the alternative: Litigation. Litigation is what is popularly portrayed in movies and on television. You and your spouse argue before a judge. The judge renders a final decision, and both parties are stuck with it. The following is a list of reasons why mediation is superior to litigation.
- It is more cost-effective – Mediation is always going to be significantly cheaper than litigating your divorce. In litigation, you pay attorney fees and court fees, and the process takes much longer, with hearings scheduled by a judge. You operate on the court’s schedule. You might have to hire forensic accountants or child psychology experts to plead your case. In general, litigation takes significantly longer, which also increases the amount of money you have to pay to finalize your divorce.
- You control the outcome – Mediation gives you and your former spouse control over the outcome of your divorce case. If you leave every matter up to the judge, the judge will render all final decisions related to your case. The power to choose your path will be out of your hands. In mediation, you and your spouse control the outcome. You decide how to handle property division, alimony, child custody, and child support.
- Preserving meaningful relationships – So, your marriage didn’t work out. That doesn’t mean you won’t be an essential part of your spouse’s life at least until your kids turn 18. For that reason, you want to ensure that matters between you and your spouse are as amicable as possible. Litigated divorces tend to enflame animosity between the two spouses as they argue against one another. Mediation is a cooperative process designed to preserve meaningful relationships.
- Mediation resolves disputes more quickly – You, your spouse, and the mediator come together to resolve issues related to your divorce. In every case, this will mean a faster resolution than litigation. During litigation, a judge schedules hearings on their own schedule. Attorneys file motions with the court. The court reviews the motion and then schedules a hearing. It’s a drawn-out process. Mediation resolves much quicker.
Talk to a Danville, IN, Divorce Lawyer Today
Chris Arrington represents the interests of divorcing couples during the divorce process. Contact our office today to schedule an appointment, and we can begin assessing your goals and concerns promptly.