Whether you are in the preliminary stages of filing for divorce or you and your spouse are simply thinking of entering into the divorce process, you have several options. As parents, it may be beneficial to negotiate the terms of the divorce settlement through mediation, as opposed to engaging in an emotional and heated courtroom battle. Although not all couples are able to speak amicably in a non-confrontational environment, people who do so may have an advantage when it comes to maintaining a good parenting relationship. Most importantly, going through the mediation process may be the best option for your child and their overall quality of life.
In a traditional courtroom setting, parents speak through their attorneys in an attempt to win their case and claim what is rightfully theirs. During the process, however, parents may fight with one another and the outcome could lead to people feeling bitter and angry toward one another. In these situations, children are often forced to bear a heated relationship between the parents and they may even become stuck in the middle of a post-divorce battle.
According to the American Bar Association, parents who engage in mediation are able to create their own divorce settlement with terms that best meet their needs, rather than have a court-appointed judge determine the terms. As a result, parents may leave the divorce with a positive relationship focused on co-parenting the children. The settlement they create often allows them to customize terms that may not be available to them had they chose courtroom litigation.
This information is intended to educate and should not be taken as legal advice.