Imagine you are ready to end your marriage. Whatever the reasons are behind your decision, working together with your spouse may seem impossible. But for many people, not only is it possible to take a collaborative approach to ending your marriage, but it can often prove to be quite successful. One way you can do this is by attending mediation.
Cooperating and Compromising
A cooperative approach to divorce does not mean that you agree on everything. Rather, it changes the way you reach resolutions. In traditional litigation, parties often approach their divorce like it is a competition. They put the decisions in the hands of a judge and must comply with whatever he or she decides.
By attending mediation, or using the Collaborative Process as discussed in prior blog posts, parties are more likely to work together to reach solutions. With the help of your attorneys and a mediator, parties negotiate and attempt to resolve as many issues as possible with the goal of signing a Separation Agreement.
Benefits of avoiding litigation
Whether you pursue mediation or the Collaborative Process, there are numerous benefits you may enjoy by avoiding litigation.
By staying out of court, parties might reach agreement more quickly. The resulting Separation Agreement is often much more tailored to the parties. Additionally, staying out of Court is a much more private way to end your marriage and can sometimes avoid unnecessary contention between the parties.
Keep in mind that there may be some matters that are too complicated or contentious to resolve cooperatively. In these situations, going to court can be unavoidable and is a useful tool in resolving the issues between you and your spouse. However, the more you can address outside of court, the easier it can be to navigate litigation.
Finding the best solution for you
Mediation, the Collaborative Process, and litigation all serve different purposes. As such, you should discuss all of your process options with your attorney.