If you are approaching divorce in Alabama for the first time, you may encounter many new terms, including mediation and amicable divorce. With a clear understanding of these terms, specifically, the role of mediation in resolving family law disputes amicably, you can end your marriage with greater confidence.
Mediation is one of the most popular options for divorcing spouses across the nation. Once you learn more about this subject, it will be easy to see why this strategy is so widely utilized. For many people going through a divorce, mediation can make the divorce process quicker, cheaper, and more private. An experienced divorce lawyer in Huntsville can explain these benefits in more detail.
Uncontested Vs. Contested Divorces in Alabama
To understand the benefits of mediation in resolving family law disputes amicably, you first have to understand the differences between a contested and uncontested divorce in Alabama. A basic overview follows.
Contested Divorce
A contested divorce occurs when spouses cannot agree on how to end their marriage. They might disagree on child support, child custody, property division, and various other subjects. Because they cannot agree on how to handle these issues on their own, the family law courts must make these decisions.
Uncontested Divorce
An uncontested divorce occurs when spouses agree on how to end their marriage. With no disagreements, there is no need to leave important decisions up to the family court. Spouses can take control, make their own choices, and avoid litigation.
You might also have heard the term: amicable divorce. Technically speaking, this phrase has no real legal meaning. However, it can refer to spouses who are amenable to resolving their divorce peacefully without much contention. Generally, these spouses accept that the marriage just is not working out and work to end things without dissension.
Note that spouses can still pursue uncontested divorces even if the split is not amicable. Even bitter and resentful spouses can recognize the benefits of mediation, especially the cost-saving potential. That said, the most pertinent detail to remember is that mediation is only possible if you pursue an uncontested divorce.
Benefits of Mediated Divorces in Alabama
Mediation has numerous benefits to consider. Here are just a few worth mentioning:
Less Legal Fees
The average mediated divorce is less expensive than a litigated divorce. First, mediated divorces generally take a shorter time to resolve. If you spend less time on your divorce, generally, you will pay your lawyers less.
Remember, many legal professionals often charge by the hour. The quicker you finish your divorce, the less you may have to pay. You also should consider additional court fees associated with trials, which can add up fast.
Quicker Resolutions
Putting the cost-saving potential aside, most spouses want to resolve their divorces as quickly as possible. It is theoretically possible to wrap up mediated discussions within a few weeks. In contrast, some divorce trials can take years. With important decisions resolved quickly through mediation, you can move on with your life.
More Privacy
Another major benefit is the privacy offered by mediation. This process often occurs in a quiet room, with only the spouses and the mediator present. Additional professionals, such as accountants and psychologists, can be called in if needed.
While statements made during a divorce trial are public record, those made during mediation remain private. In fact, spouses face consequences for repeating statements made during private negotiations.
More Control
In a litigated divorce, spouses hand over complete control to a family law judge. These judges may spend as little as five minutes reviewing your situation before the trial begins. Still, they will have the final say about child custody, property division, alimony, and any other major issues.
Many spouses enjoy having more control during mediation. After all, you know more about your own family than anyone else.
Lower Stress
Many spouses who engage in mediation report lower levels of stress. The entire family may enjoy these benefits — including children and extended relatives. Litigated divorces are highly combative, and their underlying structure pits one spouse against the other. In contrast, mediation encourages cooperation, compromise, and communication.
When Mediation is Impossible
Despite its benefits, mediation may not be possible for some spouses. If one spouse is intent on a full-blown legal battle, the other spouse must accept litigation.
Mediation requires the consent of both spouses; you cannot force your ex to engage in this process. Even though some counties force parents to attempt mediation for child custody cases, no court can force you to agree with your ex. A spouse could simply go through the motions with absolutely no intention of ever reaching an agreement, and litigation would soon follow.
What Does a Mediator Do?
A mediator is an unbiased, neutral party who oversees and guides the divorce negotiations. Many mediators are also trained lawyers or former judges, although this is not always the case.
Mediators must pursue outcomes that serve everyone’s best interests and take everyone’s needs into account. They may encourage spouses to compromise and cooperate during discussions. Each spouse may also have their lawyer present for the discussions.
Alternatives to Mediation
Mediation is just one example of alternative dispute resolution, also known as ADR. Another option is collaborative law, a relatively new process.
This strategy is just as private and cost-effective, but with one major difference: Instead of having a single mediator resolve the dispute, spouses bring their respective lawyers to the negotiations. Some spouses prefer having their own advocates during discussions rather than a single individual, making this a preferable option.
Another option is arbitration. Like mediation, this process is overseen by a single individual. This individual is called an “arbitrator,” and they are very similar to judges. The process occurs outside of the courtroom, but the arbitrator has the power to make legally binding decisions about your divorce.
Find an Experienced Alabama Divorce Lawyer in Huntsville.
While mediation can play an important role in resolving family law disputes amicably, it is not for everyone. At Charlotte Christian Law, our team of compassionate family law attorneys understands that every divorce is unique and that the tenor of a divorce can change throughout the divorce process. Our team can make sure you are prepared should your divorce go from an uncontested divorce to a contested one.
To learn whether mediation might be the best choice for you, book a consultation with one of our team’s skilled and experienced divorce lawyers in Huntsville or Birmingham, where we have offices. Contact us today to continue this important discussion.
