Chances are good that if you're considering divorce, you and your spouse can't agree on a lot of things right now. After all, if everything was going well, divorce wouldn't likely be part of your immediate future. You may think that if you and your spouse can't agree on terms, the only solution is battling it out in court.
However, there may be a workable alternative available to you. If you and your spouse can at least agree to work toward a compromise, divorce mediation may allow you to seek a faster and more affordable end to your marriage.
Mediation focuses on compromise and results
Mediation will focus on the specifics of splitting up, not the reasons why. It isn't a last attempt to save your marriage. You don't even need to be on speaking terms for mediation to work in your divorce. The only real requirement is that you and your spouse are both willing to try to find a compromise that works for everyone. In some cases, you may even go through mediation in separate rooms, with the mediator traveling back and forth between you.
Typically, the mediation process involves you and your spouse each having your own attorney and working with a neutral third-party to find some kind of middle ground on disputed topics. Both of you will need to compromise in some ways. However, mediation generally empowers you both to seek the best possible outcome to your divorce. Both of you should come into the process committed to working with each other and compromising in some areas to achieve the desired outcome in others.
Mediation can often be faster than divorcing in court
When the courts have to decide how to handle all of the details of ending your marriage, it can take weeks. Both of you may need to testify, and the judge will need to consider everything from your financial records to testimony about one another's behavior. It can be a frustrating and expensive process. Even worse, everything you say becomes public record.
In mediation, you have more control over the outcome. You also have improved privacy, because the records of your mediation session remain confidential. The courts will only see the terms of your uncontested divorce, not the discussions that preceded it. Filing for uncontested divorce is much faster than asking the courts to make important decisions on your behalf. Faster divorces are often more affordable divorces.
If you think there is any chance of working with your spouse to split up your assets and find a workable solution for child custody, mediation maybe the perfect answer. Discuss the potential for mediation with your spouse and your attorney before resigning yourself to a court-based divorce.