Divorce proceedings may involve litigation. When spouses do not agree on matters related to their finances or their shared children, they may turn to an Arkansas family law judge to settle their disagreements.
Litigation can take months to complete and can significantly increase the overall cost of divorce. Contested or litigated divorces also tend to increase the level of conflict between spouses, which can be very difficult for those who have to share custody later.
An increasing number of couples are turning to mediation as part of their divorce proceedings. What purpose does mediation serve in an Arkansas divorce?
Mediation is often voluntary
Mediation is an alternative means of resolving disputes. People work with a neutral professional to discuss their disagreements and arrange for reasonable settlements.
Spouses sometimes recognize that they may benefit from mediation. Perhaps they need to discuss very personal matters to reach an appropriate property division or custody arrangement. The confidentiality of mediation could be appealing in such circumstances.
Maybe the spouses need to ensure that they obtain specific terms. Mediation gives them control over the final outcome and the ability to compromise in some areas while pushing for specific terms and others.
Couples can agree to attend mediation as a way of settling their disagreements and moving forward with an uncontested divorce. They can then file paperwork with the courts asking for a judge to approve the terms that they set in mediation.
The courts can order mediation
Occasionally, divorces involving children and disagreements about custody matters lead to court-ordered mediation. Judges may require that parents attend mediation to try to amicably resolve their disputes about parenting time and decision-making authority.
The idea is to facilitate cooperation and to limit the strain that litigated custody cases place on the family court system. Whether spouses attend mediation due to their own decision or a judge’s insistence, successful mediation can be beneficial for the entire family.
Resolving disputes in mediation may help give spouses more of a say in the outcome of their divorce, limit their costs and speed up the overall divorce process. Couples who attend divorce mediation may ultimately feel more satisfied with the resolution of their divorce proceedings.