When should you consider mediation during a Louisville divorce? How can mediation help to save you time, money and reduce the emotional price of your divorce?
One of the first things a person going through a divorce in the Louisville area learns is that a divorce cannot be finalized until every issue associated with the separation agreement is fully resolved.
If you and your former spouse are literally in full agreement on every aspect of your divorce the process will actually be short, economical and relatively easy.
If there is any disagreement (or, in most cases, significant disagreement) between you and your soon-to-be former spouse your divorce cannot be completed until these disputes are resolved through negotiation, mediation or by the Judge in your case.
When should you consider mediation during a Louisville divorce case? The answer is actually quite simple: when you are unable to reach agreement with your former spouse about any of the issues in your divorce through negotiation.
Mediation is a neutral, safe and constructive environment where the parties and their counsel work with an independent third party (the Mediator) to identify alternatives and ultimately reach agreement on the issue(s).
One of the strongest reasons to consider mediation during a Louisville divorce case is privacy. Mediation keeps your most sensitive personal and financial information out of the public record. This is especially important when health issues for a child and/or parent are at stake as well as in matters of substantial assets or the division of a business interest or professional practice.
Mediation is a structured process designed to help the parties to get to the core of the issue, understand each other’s position and resolve the dispute. An effective mediator helps the parties to develop new skills, and to understand the process of constructively working through areas of disagreement. These skills can be especially valuable to those who intend to co-parent after the divorce.
Generally speaking, mediation is a protected environment which reduces or outright eliminates the opportunity for heated conversations while focusing on resolving areas of disagreement. Mediation is often the fastest, and least expensive strategy for resolving every issue and completing your divorce.
Another reason you should consider mediation during a Louisville divorce is control and influence over your life during and after the divorce. During negotiations and mediation, you maintain a strong level of influence over ideas and potential alternatives to resolve any disagreement. Anything which cannot be resolved by the parties must ultimately be decided by the Judge.
In addition to the time and cost demanded by litigation, the parties lose all control over the outcome of the dispute. The issue(s) at hand will be determined by a total stranger – the Judge or Magistrate in your case. It is important to know the majority of decisions issued in a Louisville divorce case are not a “win” or a “loss” for either party. An outright win or loss is actually quite rare. Instead, the Judge is looking for a solution which requires each party to give a little to get a little.
Many parties compare the ruling of a divorce judge to be like a punch to the stomach. Neither party is usually happy with the Judge’s decision and this result actually tells the Judge they have issued a fair and equitable ruling.
Issues decided by the Judge in your case are much more likely to result in post-decree litigation down the road than agreements reached during mediation. Several studies on this issue reveal the core reasoning behind the reduced disputes post-divorce: each party is more likely to keep an agreement they participated in and agreed to. They have “skin in the game.”
Mediation may not resolve every issue. However, every issue that is resolved in mediation saves the parties in terms of time, money and emotional stress. These are many of the reasons you should consider mediation during a Louisville divorce.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
