Divorce can be a long, complicated, and emotionally draining process. Couples going through a divorce may be overwhelmed with decisions about property division, child custody, and support payments. In the United States, there are two main ways to handle a divorce: mediation and normal divorce. Get in touch with a divorce attorney in Columbus, Ohio, to explore the differences between the two approaches and their advantages and disadvantages.
Mediation -Overview
It is a type of alternative dispute resolution where a neutral third-party mediator helps couples negotiate a divorce settlement. The mediator facilitates communication between the parties to help them reach a mutually acceptable agreement. Unlike a normal divorce, mediation is a voluntary and confidential process. Mediation allows couples to have more control over the outcome of their divorce and can be a more cost-effective approach.
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Normal divorce -Overview
It is the traditional method of ending a marriage in which each spouse hires an attorney to represent them. The lawyers negotiate on behalf of their clients to reach a settlement or take the case to court. A normal divorce can be a lengthy, expensive, and contentious process. The parties have less control over the outcome of their divorce as it is ultimately up to the judge to decide.
Difference
One of the main differences between mediation and normal divorce is the role of the third party. In mediation, the mediator acts as a neutral facilitator, helping the parties communicate and find common ground. In a normal divorce, each party hires its own attorney who advocates for their interests. The attorneys represent their clients and may not have the same level of neutrality as a mediator.
Another difference between mediation and normal divorce is the control each party has over the outcome. In mediation, the parties have more control over the settlement as they negotiate and agree on the terms. In a normal divorce, the judge makes the final decision, leaving the parties less control over the outcome.
Mediation can be a more cost-effective approach to divorce as it requires fewer court appearances and less time in court. Mediation can also be a faster process than a normal divorce as the parties can schedule sessions according to their availability, unlike a court schedule that can be unpredictable.
Mediation can also be a more private and confidential process. Mediation sessions are not open to the public, and the parties can agree to keep the details of their settlement confidential. A normal divorce, on the other hand, is a public process that involves court filings and public hearings.
One disadvantage of mediation is that it may not be suitable for all couples. If there is a power imbalance between the parties, or if one party is unable or unwilling to negotiate, mediation may not be an effective approach. Mediation requires both parties to be committed to the process and willing to work together to reach a settlement.
