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Divorce mediation has some advantages over litigation


When a married couple's relationship becomes rocky, there may be a lot of ill-will between the spouses. Eventually, they may decide that they are best off getting a divorce. At first, one spouse or the other may be keen to litigate. However, spouses in Colorado should keep in mind that not every divorce has to include an emotionally and financially draining court-room showdown. For some, divorce mediation may be the preferred choice.

Mediation is an out-of-court process in which a mediator will help the spouses communicate and negotiate so they can reach a mutually agreed upon divorce settlement. Mediators do not take one spouse's side or the other's -- they remain neutral and serve more as a facilitator. Through mediation, a couple may find a creative solution to their divorce legal issues that they would not be able to achieve through litigation. Ultimately, mediation gives a couple control over the outcome of their divorce. By taking the matter to court, that control is put in the hands of a judge instead.

Also, while a trial is part of the public record, conversations made while mediating a divorce are kept private and cannot serve as evidence should mediation fail and the couple heads to court. That being said, each side may want to retain an attorney even if they want to mediate their divorce. An attorney can assist the mediation process by explaining how the law applies to the facts of their client's case. This can help spouses make informed decisions.

In the end, mediation can save couples the stress that a long drawn-out litigation process may bring and can lead to a result that is satisfactory and fair. Those in Colorado who are interested in divorce mediation may want to discuss their situation with an attorney, who can explain more about the process.

Source: The Huffington Post, "Why Choose Mediation Over Litigation?," Vikki Ziegler, July 18, 2017

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