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Mediation can be a positive way to settle divorce legal issues


Couples in the Twin Cities going through a divorce, especially during the holiday season, may want to do so in as amicable a fashion as possible. After all, even if one's marriage has come to an end, that doesn't necessarily mean a person is seeking revenge against their spouse, or wants to see their spouse left with nothing. When this is the case, a couple may want to consider mediating their divorce.

Divorce mediation can be a good way for couples to settle their divorce legal issues without the angst, pressure and cost that litigation would bring. Through mediation, there is no cross-examination, no he-said, she-said. It's simply a way that couples can work together with their attorneys out-of-court to make decisions regarding their divorce. The spouses need not even face each other, if that is what is wanted. The mediator can be the go-between that facilitates the negotiations between the spouses.

Mediation also gives couples more control over the result of their divorce. After all, in mediation, no one must agree to something they do not want to. Mediators are not ultimate decision-makers. They facilitate discussions, and have experience in family law, but they cannot make binding decisions. This means that couples can ask for what they want, and the mediator can let them know if it is reasonable or not. Moreover, in mediation, the couple is not bound to the things they would be if they litigated their divorce.

Finally, in many cases, mediation can lead to a divorce settlement in a quicker and less costly fashion than it would be should the couple have litigated their divorce. While it does cost money and time, if each party has an attorney, and the attorney can see that the mediation would be fruitless, the couple can cease mediation, saving the money that would have otherwise been spent on an unsuccessful mediation.

In the end, many couples in Minnesota may find that mediation is a good way for them to reach a divorce settlement out-of-court. Of course, even if a couple does choose mediation, it can help for each party to retain his or her own attorney. A dedicated attorney can represent their client throughout the mediation process, helping with negotiations and explaining how Minnesota law applies to the facts of their case, so that a solution can be reached that is fair to all involved.

Source: The Huffington Post, "MediYAYtion: Why Your Upcoming Divorce Mediation is a Good Thing! (And Instructions on How to Rock It!)," Christina Pesoli, May 16, 2016

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