Many people who face impending divorces are overwhelmed by the prospect of litigation and the trauma often associated with divorce trials. In a situation that is already stressful, anticipating a courtroom battle can be overwhelming. However, more and more divorcing couples nationwide, including in Kentucky, choose the less daunting option of divorce mediation. This typically allows the parties involved to make the best decisions for their unique situations.
Divorce mediation takes place in informal surroundings and relaxed atmospheres. An impartial professional mediator will provide the platform for peaceful negotiations and encourage communication that will give both parties an equal opportunity to air concerns and then negotiate resolutions. Although the mediator may not provide legal advice, he or she can suggest possible remedies and also encourage compromise when necessary.
There are many benefits to mediation, including the fact that couples can be guided by the mediator toward tailor-made solutions to fit their needs. Furthermore, it is less expensive and not as time-consuming as litigation, and it empowers divorcing spouses with the ability to make important decisions that may impact their post-divorce lives, rather than leave it up to a judge in court. If there are children involved, avoiding courtroom battles may make it much easier for children to accept the divorce.
Contrary to popular belief that divorce mediation eliminates the need for each party to hire an attorney, the support and guidance of an experienced divorce attorney can be invaluable. The attorneys fees will usually be much lower than in a litigated divorce because there will be no need to go to court except for filing the negotiated divorce settlement. The lawyer can provide valuable advice and input throughout mediation, and ensure the fairness and legality of the final settlement before presenting it to a Kentucky family court.
Source: americanbar.org, “Benefits of Mediation in Divorce Cases,” Holly Clemente, Sept. 5, 2017