5 Benefits of Choosing Divorce Mediation Over Litigation

Divorce is always a difficult decision and an emotionally fraught time. In the best-case scenario, divorcing spouses agree to part ways amicably and reach agreements on all aspects of their divorce in Colorado, including child custody, child support, and the fair distribution of their marital assets. When spouses agree on these sensitive issues during a divorce, they can draft an agreement through their Fort Collins divorce mediation lawyers and avoid a court battle, saving time, money, and further hard feelings. Unfortunately, more often than not, one or more disputes arise when spouses navigate a divorce settlement agreement. When they aren’t able to resolve the dispute, a judge must decide for them.

There is an alternative to going to court when divorcing spouses cannot agree on the terms of their divorce. A divorce mediator helps facilitate communication so divorcing spouses can come to mutually agreeable terms. Many divorcing spouses ask, “What is divorce mediation and how does it help divorcing spouses avoid court litigation?”

Keeping Control of Your Divorce and Your Future

No one knows your family as well as you and your spouse. When it comes to deciding on a parenting time schedule for sharing child custody and the division of the assets and property you accumulated during the marriage, it’s always best when you and your spouse can make the decisions that impact your family’s future rather than leaving it in the hands of an impartial judge who doesn’t know your family or situation.

Saving Time and Money

Litigation in court makes a divorce take much longer. Rather than agreeing on terms and forming a settlement agreement, both parties must present their arguments to a judge. There may be evidence and eyewitness testimony supporting each spouse’s argument. This lengthier process means additional charges for the Fort Collins divorce lawyer’s hourly fees as well as court costs and filing fees. 

A lengthy court dispute is harder on both spouses and their families. Additionally, the money spent in litigation could better benefit both spouses as they begin their new, separate lives. Choosing to resolve disputes outside of court through mediation is a less time-consuming and far more cost-effective way to reach agreements on all terms.

Finding Solutions and Compromises

Divorce mediation can help resolve disputes so both parties can compromise with the assistance of a knowledgeable, experienced neutral third party who may offer innovative resolutions they wouldn’t have thought of on their own.

Keeping Your Divorce Private

When a divorce goes to court, all facts and testimony presented during litigation become a matter of public record. By choosing mediation, both parties must fully disclose their assets, debts, and liabilities only to their attorneys and the independent mediator while settling their divorce terms. Unlike court, mediation remains private and confidential. It does not become a matter of public record.

Improving Post-Divorce Relationships

Minimizing contention between divorcing spouses is important, especially when they share children. Divorcing spouses who have shared custody must continue to co-parent together and meet to exchange children for parenting time. Often they also share legal custody for decision-making as they raise their children. A contentious court battle causes hard feelings that make communication and compromise more difficult. By choosing divorce mediation, spouses can begin their divorce with a spirit of compromise that helps them remain civil and respectful throughout the process and later, which is much easier on their children.

Divorce agreements made in mediation are enforceable just as a judge’s orders. Both spouses sign the agreement with their attorneys present, making it legally binding.