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Is Mediation a Good Option During Divorce?


When two people are getting divorced, they often envision themselves standing in front of a judge and arguing over the different terms of that divorce. It does not have to be this way, though. In Maryland, most divorce cases are settled before they are ever taken to a courtroom. This sometimes happens during mediation, an option that is often favorable to both spouses over litigation.

Mediation is considered a less combative method of finalizing a divorce. It is often quicker and cheaper, and can still provide both spouses with favorable terms in the divorce. What is mediation exactly? When is it a desirable option for the couple? These answers and more are found below.

What is Mediation?

Mediation is a process in which the two spouses are still represented by their divorce attorneys. A mediator intervenes and acts as a facilitator for the divorce proceedings. Mediators are often family lawyers themselves, allowing each party to understand what the strengths and weaknesses in their case are from an objective third party.

The mediator will meet with each spouse separately, and pass settlement offers from one side to another. They will negotiate and solve problems for each spouse in the divorce.

Due to the fact that mediators are objective, going this route often results in a much less combative divorce. Mediation is typically required before temporary orders, and before final orders hearings. The subject matter of the mediation is different for each of these cases, so spouses should not assume the second round of mediation is simply a repeat of the first.

Mediation Requirements

Even when two spouses do not wish to go through mediation to try and settle their divorce, a judge will likely still order them to do so. This is due to the fact that in most cases, mediation is very successful. Judges typically want spouses to finalize their divorce in the quickest and most amicable fashion possible.

In addition to this, family law courts are often overburdened with cases. When a divorce has largely been finalized in mediation and a judge simply has to sign off on a divorce decree, it helps ease this burden on the courts.

Benefits of Mediation

For those who do not think mediation is a good solution for their divorce, it is helpful to know that mediation comes with many benefits. It is far less expensive than going to trial. A divorce trial will likely end up costing both spouses thousands of dollars in court fees and other costs. Mediation on the other hand, may only cost a few hundred.

Divorce trials can drag on for months, preventing both spouses from fully moving on with their lives. Mediation however, typically has divorces finalized in just a few weeks. This is one reason why mediation is so much more affordable than divorce litigation.

An often overlooked benefit of mediation is that it allows both spouses to look at their divorce differently. Mediators provide a new perspective on the case, giving honest opinions of each spouse’s positions during the divorce.

Let a Maryland Divorce Lawyer Represent You During Mediation

Mediation is a quicker, less combative, and more affordable option than litigation in any divorce case. However, those wishing to pursue mediation will still need an experienced Maryland divorce attorney who can help.

If you are going through a divorce and would like to know all your options, contact the Law Offices of Robert R. Castro today. We will fully explain the many avenues you can take to finalize your divorce and help you understand which is the right one for you.

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