Divorce is never easy, especially when children are involved. Emotions can run high, and it’s easy for things to get contentious. That’s why mediation has become an increasingly popular option for resolving disputes in North Dakota divorce cases. In this article, we’ll take a closer look at the role of mediation in North Dakota divorce cases and why it’s such an important tool for couples going through a divorce.
What is Mediation?
Mediation, in the context of divorce, is a form of alternative dispute resolution that involves a neutral third party – the mediator – who helps couples work through issues related to their divorce. The mediator’s role is to facilitate communication and help the couples come to a mutually acceptable agreement. Mediation is voluntary, confidential, and non-binding, meaning that the parties can choose whether or not to participate and any agreements reached are not legally binding until they are incorporated into a court order.
The Benefits of Mediation
There are many benefits to using mediation in divorce cases, including:
It’s Less Expensive
Mediation is typically much less expensive than going to court. Rather than paying attorneys to represent you in court, you pay a mediator to help you work things out. This can save you thousands of dollars in legal fees.
It’s Faster
Mediation is also much faster than going to court. Because you’re not dealing with the court’s schedule, you can often schedule mediation sessions more quickly and work through issues more efficiently. This can help you resolve your divorce more quickly and move on with your life.
It’s Less Adversarial
Going to court can be incredibly adversarial, with each party trying to prove their case to the judge. This can be stressful and emotionally draining. Mediation, on the other hand, is a collaborative process where both parties work together to reach a mutually acceptable agreement.
It’s More Flexible
In court, you’re limited by the judge’s decisions and the laws in North Dakota. In mediation, you have more flexibility to come up with creative solutions that work for both parties. This can help you craft a divorce agreement that’s more tailored to your specific needs.
It Helps Preserve Relationships
Finally, mediation can help preserve relationships. If you have children together, it’s likely that you’ll need to continue to be in each other’s lives after the divorce is final. Mediation can help you maintain a more positive relationship going forward, which can be better for everyone involved.
How Does Mediation Work?
If you and your spouse agree to try mediation, the first step is to find a mediator who is trained in family law mediation. You can find a list of mediators in North Dakota through the North Dakota Mediation Association. Once you’ve found a mediator you’re comfortable with, you’ll schedule an initial meeting to discuss the process and set some ground rules.
During the mediation sessions, you’ll work with the mediator to identify and resolve issues related to your divorce. These issues can include things like child custody, child support, spousal support, and property division. The mediator will help you communicate more effectively with each other and find solutions that work for both parties.
At the end of the mediation process, if you’ve reached an agreement on all the issues, the mediator will draft a written agreement for you and your spouse to review and sign. This agreement will become part of your divorce documents and can be incorporated into a court order by your attorney.
When is Mediation Not an Option?
While mediation is a great option for many couples going through a divorce, it’s not always the best choice. Mediation may not be appropriate if:
- There is a history of domestic violence or abuse
- One party is unwilling to compromise or negotiate in good faith
- One party is hiding assets or income
- There are complex legal issues that require a judge’s decision
If mediation isn’t an option, you’ll need to proceed with a traditional divorce process and have your case heard in court.
Conclusion
Mediation is an incredibly valuable tool for couples going through a divorce in North Dakota. It’s less expensive, faster, less adversarial, more flexible, and it helps preserve relationships. Couples who are willing to work together and compromise can benefit greatly from the mediation process. If you’re considering a divorce in North Dakota, talk to your attorney about whether mediation might be the right choice for you.