Divorce mediation provides North Carolina spouses the option to negotiate and settle the terms of their divorce outside of court. That fact alone can make mediation appear as an attractive option. However, does that mean it is a better course of action overall, especially compared to the traditional route of going to court?
Is one option better or worse than the other?
This question often stems from the misconception that mediation is meant only for low-conflict divorces while family court is for high-conflict issues. Many people also view going to court in a negative light altogether.
However, from a legal standpoint, one is not necessarily better than the other. Mediation certainly has benefits, as it:
- Offers privacy for families, while family court matters are public record
- Is often less expensive than resolving matters in family court
- Gives families more power and control over their situation
Even with these benefits, there is no way to say which process is “better.” Both options employ different strategies to meet the different needs of different families.
What is the real question to consider?
Instead, the question you should ask is which option is better for you and your family. You may be drawn to the benefits mediation can provide, but is it the right choice considering your family’s circumstances?
To determine if mediation is the right option for you, it may help to evaluate:
- What you must address in divorce: Do you have complex assets to divide? Child custody to negotiate? Complex issues do not rule out mediation at all, but it will be important to understand your list of to-dos as you choose which process will work best for you.
- Your relationship with your spouse: Is your spouse someone you cannot reason with? Is there a history of abuse or domestic violence? If the answer is yes to either of these questions, then mediation may not be the best option in this case.
- Your negotiation skills: Mediation involves a neutral third party who will facilitate your conversations. You may also have your attorney present to negotiate, protect your rights and support you. Even so, it will still be helpful to consider your own abilities and strategies as you can take control over the agreements you reach.
How you answer these questions can help you decide which process could best meet your needs.
Mediation is not necessarily a better option than going to court, and vice versa. What really matters is what works for your family, and what your goals are for this process and for your future.