Divorce mediation can be a calm way to pursue the end of an unhappy marriage. Spouses cooperate with one another to negotiate terms regarding financial matters and parenting concerns. If they are successful, they can pursue a faster, uncontested divorce instead of litigating.
Mediation allows for more privacy and can speed up the process of divorce, especially when compared with a litigated divorce. Some people instantly dislike the idea of mediation, possibly because they worry about being held to unfair terms when they divorce.
Does divorce mediation force people to accept untenable terms?
Mediation isn’t binding until spouses sign an agreement
The divorce mediation process is all about communication and compromise. It is also voluntary in most cases. People have to work together or risk the mediation process failing. Spouses explain their expectations and goals to one another. They discuss details from their marriage that they think should influence what terms they set.
It can take some time for spouses to resolve their disagreements and find viable solutions to their disputes. They may need to attend multiple sessions and discuss matters in great detail to reach agreements that they both find reasonable.
If spouses don’t reach an agreement with one another, they can always proceed to litigation. Terms only become binding and enforceable once spouses have integrated them into a final agreement and signed that document. Either spouse has the option of walking away at any point.
Many divorcing couples can eventually reach acceptable divorce outcomes through mediation. Learning more about the mediation process can help people feel more confident about alternative dispute resolution. Seeking legal guidance is a good way to start.
