Couples facing divorce may not have been able to agree on much for months or even years, but once the decision to divorce is made, some Rhode Island couples find they finally agree on one thing: They want to avoid a lengthy and emotionally draining courtroom showdown. When this is the case, divorce mediation may be one option to consider. What are some pros and cons to mediation?
One positive aspect of mediation is that it gives couples the time they need to come to a settlement together. That being said, if certain divorce legal issues cannot be resolved via mediation, the couple will still need to go to court in Rhode Island to resolve these issues. In addition, mediation can be one way that couples in Rhode Island can tackle emotional topics such as child custody, property division and spousal support in a logical way. A mediator can serve as a sounding board, and can go back and forth between each spouse until an acceptable settlement is reached. Mediation sessions are also private, so they will not be part of the public record. Moreover, mediation can lay the groundwork for a future amicable relationship between the parties.
In contrast to mediation, trials do not offer parties much in the way of control, as it is a judge that will make the final decision. Trials can also last for quite a while, years even. In addition, any divorce legal issues addressed in a trial will not remain private, but will become a part of the public record. That being said, individuals in Rhode Island have the constitutional right to a trial if they want one.
After a couple decides to divorce, they will have to decide how to proceed from there. Sometimes they will agree to give mediation a shot, while other times one or the other or both will decide they'd rather take the matter to court. In either case, couples in Rhode Island have options when it comes to divorce, so they can pursue the path that is in their best interest.
Source: Entrepreneur, "Mediation, Arbitration or Trial? Information to Make Your Decision With," Andrea Murad, Feb. 19, 2016