28 November 2017
 Categories: Law, Blog

The process of going through a divorce can be emotionally draining for your entire family. And with the myriad of changes that would happen to your nuclear unit, things can become acrimonious quickly if the dissolution is not handled with care. It is recommended to contemplate mediation before going to court, as these proceedings tend to be informal and facilitate better communication between you and your former spouse. Moreover, mediation can be used to help you decide on various aspects of your divorce such as spousal support, child custody, child support, property settlements and more. This article explains a couple of reasons why mediation could be a better way to dissolve your marriage.

Mediation has the sole purpose of a mutually beneficial outcome

Although going to court to dissolve your marriage is a popular course of action for couples that are breaking up, not many people realise that court proceedings can be quite stringent. Once you leave the divorce terms up to a judicial officer, the final decision would be entirely at their discretion. A mediator would be a better place to start as this professional gets to hear from both you and your spouse and in turn, try to come up with a way to resolve your differences that would be fair to each partner.

With this approach, you minimise the risk of taking an adversarial stance against your former spouse through litigation. Instead, you both get the chance to talk through the process and come to a decision based on what would be ideal for your individual family's dynamic. Some couples even find it easier to co-parent after mediation as they both leave the table feeling like their needs were met, rather than the divorce process being about one spouse winning and the other losing.

Mediation is time and cost efficient

Another reason why you may want to consider mediation before rushing to court is that it can save you a significant amount of time and money. One thing people do not realise about the judicial system is how overburdened it is. Thus, you would have to wait for your divorce proceedings to be heard when an opening frees up in the court system, which can take months! If you preferred to resolve your marriage dissolution as soon as you possibly can, you would be best advised to seek the services of a mediator.

Secondly, drawn-out court proceedings inadvertently end up becoming quite costly as you factor in court fees, lawyer fees and peripheral litigation fees. Since mediation takes a shorter time to complete, your divorce will most likely cost cheaper than if you went to court.

Contact local family lawyers for more information and assistance.