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Using private mediation instead of the court system for your divorce

On Behalf of | Apr 13, 2023 | Divorce

While many people know of the concept of mediation these days, not everyone understands the many benefits that come with it, the specifics and what the pros and cons are. If you are divorcing, one of your options is to use private mediation instead of the court system.

What is private mediation?

Private mediation is a form of alternative dispute resolution that allows you and your soon-to-be former spouse to resolve matters with the assistance of a mediator and, if you choose, your attorneys. Private mediation is outside the court system. It is important to note that private and court-appointed mediation are two different concepts, and this article describes the use of private mediation.

Why use private mediation?

Private mediation is a phenomenal way of solving problems, and it benefits both parties instead of just one of them. It lets the parties negotiate among themselves and make decisions among themselves instead of having a judge make decisions for them.

Can we use mediation if we do not get along?

Yes. A couple can use private mediation if they do not get along because a) there are different formats used in mediation, one of which is “caucus mediation,” which is when the parties are in separate rooms, whether in person or online, and the mediator goes back and forth. In addition, b) the couple can each bring their attorneys and have their attorneys negotiate on their behalf.

What happens if mediation fails?

Mediation is always optional and non-binding, which means that if you do not reach an agreement, you can always use the court system if you decide to go that route.

Divorce is never easy and there is no way to avoid that. However, you have a choice in how you want the process of divorce to be.