Will a Divorce with Mediators Hold Up in Court?

Will a Divorce with Mediators Hold Up in Court?

Started
25 May 2017
Petition to
Divorce with Mediators
Petition Closed
This petition had 1 supporter

Why this petition matters

Choosing to settle your divorce by means of mediation in lieu of litigation can have a number of positive emotional and financial benefits on all parties involved. Utilizing divorce mediation not only can slash the cost of a divorce by avoiding the need for attorney fees and doing away with court costs, but it can also make for a more civilized and fair dissolution of your marriage. However, some people worry that their divorce will somehow not be legally recognized if they go the mediation route and skip the courtroom altogether. Is a divorce case that was settled by mediators any less effective and legal than one that was resolved in court with a judge and attorneys present?

The short answer: no. While the American Bar Association originally denounced the use of divorce mediators back in the 1970s when the private divorce mediation practice first started to gain traction, nowadays the ABA backs the concept of divorce mediation so thoroughly that it has collaborated with national mediation groups to create the Model Standards of Practice for Family and Divorce Mediation guidelines.

Using a mediator instead of going the traditional route with attorneys and court hearings not only is every bit as legal, but can also benefit you and any children you may have with your spouse in ways that courtroom divorce proceedings can’t. An experienced mediator who is well-versed in the divorce and family laws of your state can fight just as hard for you as an expensive attorney with $1000-an-hour rates, and can do so without the emotional drain of a lengthy courtroom battle. Your mediator is able to effectively argue for a fair division of assets, a custody agreement that benefits your children as well as both parents, and maintenance or child support payments without the ugliness or acrimony that can come from the litigation process. In essence, a mediator serves as a guide for both parties to navigate their divorce in order to achieve the best possible outcome for everyone involved, especially the children.

While mediation is not always the best choice for divorce proceedings (for example, if your case involves any illegal activity, drug and/or alcohol abuse, or emotional or physical abuse, you must seek the counsel of an attorney) it is a viable solution for a number of people seeking to end their marriage with little drama and expense. Contact your local divorce mediation firm to schedule a consultation appointment so you can determine if a mediator-facilitated divorce is right for you.

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