Divorce Mediation vs. Uncontested Divorces

Divorce mediation is a less costly alternative to actual court litigation in a contested divorce. While a greater percentage of couples seeking divorce approach the clerk of courts with their settlement terms ready in an uncontested divorce, some couples cannot agree to issues such as child custody, spousal support or the division of property, other assets and debts accumulated during the time of the marriage.

A divorce may be uncontested or contested. An uncontested divorce is the easiest and fastest petition to process, since both the soon-to-be ex-spouses are in total agreement over the terms they need to settle before they part ways. Uncontested divorces are common among couples who have no children from the marriage or those who have no properties or assets to divide as a result of the marriage dissolution. Some couples with minor children also agree beforehand on who gets custody, how much support will be extended by one party to the other and how assets are to be divided. There isn’t much conflict to resolve, so they go to court ready with their agreement and don’t spend much time and resources getting their divorce approved.

When there is some disagreement over any of these matters, a divorce is said to be contested. Each party usually engages the services of a lawyer and the court hears out and decides on the final outcome of contested issues.

In the past, contested divorce proceedings typically ended up in the court room and would evolve into bloody battles that drained the pockets and the emotions. With the advent of divorce mediation, couples seeking a divorce are presented with an option to negotiate and iron out disagreements over issues they need to settle without actual court litigation.

A divorce mediator is a court appointed third party familiar with issues concerning family law. It is not his job to resolve the problem of conflicting issues between spouses; rather he acts as the intermediary and helps both sides come to an agreement to resolve issues concerning divorce-related settlements. At no time can a mediator force a couple into a settlement, although he may offer suggestions and opinions by reminding each side of their rights and entitlements.

Most issues tackled during divorce mediations cover child custody, spousal support and property division. During mediation, parties to the divorce or their lawyers meet with the appointed mediator to negotiate and possibly arrive at an amicable settlement to side-step the formal divorce court process.

Apart from making the process less taxing for both parties, divorce mediations also help lessen the Family Court caseloads. Since a mediator stands to gain nothing from a settlement, he is able to provide a fair and more objective resolution without necessarily elevating the matter to the courts. So there’s no airing of dirty laundry since divorce mediation is a confidential and not a public court process. It also means a lot of savings in terms of time, resources and emotional energy for all parties involved.

Thinking About Divorce?