Divorce is tough. No matter how amicable things may seem in the beginning, the process can quickly spiral into a costly, drawn-out battle. But what if there was another way?
A mediated divorce offers an alternative by allowing couples to work through their differences without the stress, expense and public exposure of the courtroom. Instead of standing before a judge and watching legal fees stack up (which will be substantial), you and your spouse sit down with a trained mediator who guides the conversation. There’s no arguing over who “wins”; just constructive discussions focused on reaching fair agreements that work for both of you. But it’s important to understand that mediation is hard work. You will be stretched mentally and emotionally exploring resolution to “What can I live with?” questions in looking for settlement.
In some Oklahoma counties (which can even vary from Judge to Judge in the same county), mediation can be required before obtaining a trial date for your divorce. If that is your case, then make the most of the opportunity instead of just going through the motions (i.e. checking off the box to go to the next step).
Either way, if you’re seeking a way to end your marriage with less conflict and more control, mediation might just be the solution you didn’t know you needed.
What is Mediation?
Mediation is a process in which an impartial professional helps both parties reach mutually agreeable solutions to the issues in their divorce or separation. There are many styles of mediation, but a common one is to initially meet together to hear the mediator explain the “ground rules” and then go to separate rooms (carcass) with each party and their counsel. The mediator meets with each side and goes back and forth exploring solutions. Mediators help both parties discuss their preferred outcomes, but they don’t make decisions. You can try to resolve matters such as division of assets, division of debts, child custody, child support, and alimony through mediation. Mediation doesn’t create legally binding outcomes unless you ask the court to approve your agreement. But, be careful! If you don’t agree with something in the agreement, don’t sign the Mediation Memorandum Agreement!
The Benefits of Mediation:
Time and Cost Savings
One of the clear advantages of a mediated divorce is the significant reduction in time and costs compared to litigation. While court cases can drag on for months or even years, mediation is typically much faster, as the couple controls the pace.
The cost of a mediated divorce is also substantially lower because you avoid the drawn-out legal processes, endless court appearances, and high attorney fees associated with traditional divorce. Instead of paying for multiple hearings and depositions, couples pay a mediator, whose services are generally much more affordable.
Greater Control Over the Outcome
In mediation, both parties have a say in every decision, making it a more personalized approach. Mediation allows you to design your own solutions. A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute. Unlike litigation, where a judge makes binding decisions based on laws and regulations, the mediated divorce process empowers couples to work through their issues together.
This often results in solutions that better suit the specific needs of both parties. For instance, rather than having a rigid court-ordered visitation schedule, parents might agree on something more flexible to suit their work and family dynamics.
Privacy and Reduced Conflict
For many, another major benefit of mediation is privacy. Court proceedings are public record, meaning anyone can access your personal information on OSCN.net. Mediation happens in a confidential setting which protects the privacy of all involved.
Moreover, because mediation is a more collaborative process, it tends to reduce conflict. When children are involved, this is particularly important. Amicable divorce solutions can help parents maintain a cooperative relationship, making future interactions smoother and less stressful.
Flexibility and Amicable Resolution
Mediation is not bound by the strict timelines of the court system which allows for more flexible scheduling. This makes it easier for couples to find time to meet and discuss their issues without the pressure of court-imposed deadlines.
The informal setting also fosters amicable divorce solutions by encouraging open communication and cooperation. Unlike in a courtroom, where interactions are often hostile, mediation promotes mutual respect, increasing the likelihood of a peaceful and fair resolution.
Take Control With Mediated Divorce
A mediated divorce offers time and cost savings, greater control and a more amicable resolution. It provides privacy and flexibility that traditional litigation simply can’t match.
At Doerner, Saunders, Daniel & Anderson, LLP, we stand out for our collaborative approach, deep experience, and the personalized support we offer throughout the mediated divorce process. With a long history of guiding clients through family law matters, our attorneys protect your rights while aiming for peaceful solutions. Contact us today to learn how mediation could make your divorce easier, faster and less stressful.