Mediation is often seen as one of the most effective ways to end a marriage. It can be an invaluable tool for both parties in a divorce, allowing them to reach an agreement on their own terms and without involving the court system. However, while mediation can be effective in some cases, it’s also important to understand when it may not be appropriate or necessary. A Birmingham divorce attorney can help you understand if mediation is a viable option for you.
Here are instances when mediation can be effective:
- You and your spouse mutually agree to divorce
If both parties are in agreement that they would like to move forward with a divorce, mediation can be an ideal way to quickly and amicably settle any disputes. This is especially useful if the two of you have already discussed the terms of your divorce and come to an understanding of how you will divide assets and debts, negotiate alimony, or decide custody arrangements.
- There’s no past incidence of domestic violence
In situations where there is a history of domestic violence or abuse, mediation may not be the best option for resolving disputes. Mediation requires that both parties participate voluntarily and in good faith, which can be difficult if one person feels like they do not have a voice in the process.
- You don’t have complex financial matters to resolve
While mediation is a good option for couples with limited assets and debts, it may not be suitable for couples with more complex financial matters. Couples who own businesses or have complicated investments might find that mediating their divorce agreement could take too much time and result in an inefficient outcome.
- There’s an agreement on custody terms
If you and your spouse have an idea of what you both think is the best arrangement for custody, then it’s likely that mediation will be successful in resolving this issue. This is especially true if both parents are actively engaged in their children’s lives and agree that joint custody would be beneficial.
- There is total financial transparency between the spouses
Mediation is most successful when both parties are completely transparent about their assets and debts. Without this level of trust, it can be difficult to come to an agreement that’s fair for each side. It is important to remember that mediation works best if both people feel they have been treated fairly throughout the process.