When emotions are running high and a couple is thinking of divorcing, it may seem impossible to consider a form of alternative dispute resolution like mediation. Many people believe that mediation will not work for them, and that the only way to settle the problems with their spouse is in court.
What couples may not realize, however, is that mediation is often required in Delaware. Even if it is not mandatory for your case, taking advantage of mediation and approaching the process with an open mind usually leads to spouses feeling better about their divorce than they do after a drawn out court battle. Before you file for dissolution of your marriage, learn more about how mediation can help you and your spouse end your relationship amicably.
Better for the Family
The point of mediation is to explore possible solutions to disputes and work towards a settlement. This does not mean that the mediator will try to get the couple back together; it simply means that the mediation process will attempt to find a way for both parties to live with their new arrangement.
While tensions between you and your ex may be unbearable now, you will probably have to interact with each other in the future-especially if you have children together. When children are involved, it is often better to work out an arrangement together that benefits the entire family, rather than one which leaves both parties bitter.
During mediation, the couple can work out issues like child custody and support. Spouses often know better about what is best for their children than a judge does, and it is usually easier to create an agreement that works for everyone during mediation than it is to let the court decide.
At the mediation, couples can meet face-to-face, or can have their lawyers consult with the mediator while the couple is separated in different rooms. One of the major benefits to this type of arrangement is that the couples don’t end up in a screaming match with each other; instead, the attorneys carry requests back and forth and act as neutral intermediaries. By having a third party get involved in disputes, couples are able to think more clearly and may be more reasonable in their demands.
If a couple cannot resolve a matter like child support of custody arrangements, or if the couple does not agree with the mediator’s recommendation, the two former spouses can still go to court and ask a judge to decide disputed issues. However, many couples find that mediation irons out many of the minor issues which may have taken several hearings to solve.
Better for the Finances
In addition to making the divorce process run smoother, using mediation to work out a divorce agreement is significantly cheaper for both parties. With mediation, attorneys for both sides do not have to attend multiple court hearings, and a successful mediation resolves a divorce case much quicker than does the traditional court process. In addition, if a court hearing is required after mediation, the mediation process can narrow down the conflicts which will have to be decided by a judge.
Regardless of whether your divorce case ends with mediation, an agreement between the parties, or in litigation, both spouses will need an experience Delaware family law attorney to protect their rights. At The Castro Firm, Inc., our dependable and committed divorce lawyers will be with you through every step of your divorce, and will be there to help your family move on with your lives.
If you would like more information about mediation, child support, divorce agreements, or any other family law issue, visit The Castro Firm, Inc. online at www.thecastrofirm.com. For a consultation about your rights and obligations after a divorce, call us today at (302) 225-5700.