There are many ways to reduce time in court when divorcing. In fact, most family law cases are resolved by the attorneys negotiating on behalf of their clients. One method, called divorce mediation, can be done with or without an attorney present. Mediation is often available as part of the litigation process and completion is often times mandatory before a hearing on your case can occur. Additionally, private mediators can be hired to assist in reaching an agreement when more complicated issues are present.
Settlement Conference between Spouses
Settlement conferences are another frequently used method when trying to avoid going through litigation. These conferences can take many forms, and may be facilitated by a judge or by attorneys. If a dispute can be resolved amicably through a settlement; a lot of time, stress, and money can be saved by both parties. In general, bypassing a contested hearing (trial) is a preferable way to negotiate the terms of a divorce. Once official proceedings begin it is always possible to reach a settlement during the course of the litigation. However, you lose the ability to have a final say in what happens when you have a contested hearing where the judge makes the final decision. While you can influence the case with a skilled attorney, a judge will ultimately have the final say in some of the most intimate areas of your life.
What Mediation Can Help With
While mediation can be used for all of the issues a divorcing couple is unable to resolve, it doesn’t have to be. Even if only some of the issues are resolved outside of a hearing, it still leaves fewer things to be figured out in court and left in the hands of the judge. For example, decisions around children can be left up to the parents that know them and their circumstances rather than family law lawyers and judges that do not. In fact, mediators are not just helpful in a divorce. They can be used in all sorts of family law disputes such as third party or grandparents’ rights.
What Mediation Cannot Help With
It is important to note that there is no way to bypass “divorce court”, because it is what ultimately grants the divorce. However, it is not necessary to have a contesting hearing where a judge decides all of the issues. Once an agreement is met in mediation, either the mediator or one of the lawyers can write up that agreement for both parties to sign. This document can then be given to the court and used as part of the judgment signed by the judge.