The widely held view of divorce in the United States is that it is contentious and adversarial. Our long held notions of divorce include lawyers, courtrooms and fights about everything from money to child custody. These impressions come from TV, from movies, and to an extent from personal experience or knowing friends, co-workers or loved ones that have been through the process. Divorce does not have to be this way. You can navigate the process in a more amicable and cooperative way, without the nasty court battle. Mediation has become a strongly preferred option for settling the terms of a divorce in Minnesota and the rest of the country. Below are the aspects of the mediation process that lend itself well to an amicable settlement:
1. No lawyers required: When you hire lawyers and leave the biggest decisions about your divorce in the hands of a judge, conflict will actually increase. The court system is set up as an adversarial process, where both parties are fighting to win. This makes an amicable divorce very difficult.
2. Flexible scheduling: The court system is extremely backed up right now with cases, so scheduling litigation can take many months. This increases the stress and prolongs the process, which can also increase the conflict.
3. Collaborative process: Mediation is a collaborative process that is based on the idea of compromise. Even if you are anticipating a complex divorce, mediation can still be highly efficient and effective. You can choose to complete mediation sessions virtually or in person and can schedule them over the course of a matter of weeks, rather than months. This reduces the overall conflict and empowers you to have open and honest communication, which can lead to a much more amicable process.
4. Less stressful process: Mediation costs less than litigation and also takes less time. It is less stressful from a financial standpoint as well as an emotional one. Your mediator will serve as a neutral third party to guide you through the divorce process and find common ground on issues like dividing property, child custody and child/spousal support.
Minnesota Courts Recommend Mediation
Johnson Mediation believes that an amicable divorce is possible and has helped many couples throughout Minnesota achieve this goal. The Minnesota courts even recommend that couples try mediation before proceeding through the courts. If you would like more information or would like to schedule a time for a free consultation with our staff, give us a call at 952-401-7599.
