Divorce can be an emotionally fraught process, involving many legal complications as well as personal challenges. This is rarely more evident than when spouses are negotiating marriage settlements, agreeing on the distribution of assets, parenting time, and other matters. Spouses often have strong opinions on how the divorce ought to be settled, which can quickly lead to conflict and more stress.
However, one process that courts employ to reduce this conflict and disagreement is professional divorce mediation. An alternative to litigation, divorce mediation allows spouses a chance to negotiate a settlement with an impartial third party. This may offer distinct benefits, but it may also provide its own challenges.
For more information on the pros and cons of divorce mediation in South Carolina, consider speaking with an experienced family law attorney from King Law Offices. Schedule a consultation today by calling the office at (888) 748-KING.
Mandatory Mediation in South Carolina
With a few notable exceptions, divorce mediation is mandatory in South Carolina. Mediation has been shown to help in resolving conflicts and reaching agreements outside of court, which reduces the strain on the South Carolina courts by helping to resolve cases before they reach litigation. However, this additional step may lead to unique challenges for couples seeking a divorce as it may involve discussions and arguments with their spouse.
Mediation can be waived if both parties have already agreed to a marriage settlement and do not need further mediation, otherwise, it is required. However, abuse and other urgent matters cannot be handled by medication.
Purpose of Divorce Mediation
Divorce mediation is not intended to replace court rulings or to examine facts and details to secure a beneficial agreement. The intent behind divorce mediation is to help divorcing spouses come together, discuss marriage settlements practically, and hopefully come to an agreement on how to proceed. This helps relieve strain on the South Carolina courts and can help avoid costly litigation for spouses.
However, divorce mediation is not considered to be a substitute for legal counsel. In such an emotionally charged environment where two spouses are discussing how to split parenting time, marital assets, or alimony, details or ideas can easily be lost. The grounds for divorce as presented by the South Carolina Bar may also affect the court’s ruling. There is a chance that a settlement agreed upon in divorce mediation is not fair as determined by the courts. However, once this settlement is agreed to then it becomes legally binding.
A skilled family law attorney from King Law Offices may be able to help evaluate divorce settlements to determine whether or not they are fair and respectful of the client’s investment.
Benefits of Divorce Mediation
However, despite the challenges, there are many benefits to the process of divorce mediation. There is much less complexity and confusion in divorce mediation than there would be in litigation. Divorce mediation is a straightforward conversation and agreement between two parties, with a mediator. This may provide greater control over the outcomes of the divorce, increased privacy, and a much lower cost in both time and money.
Avoiding Costly Trial Process
Litigating a divorce can be a costly process. Going to trial means waiting for a scheduled court date and potentially paying fees for legal counsel and representation. This can often cause additional strain and lead to unexpected expenses. Divorce mediation may help to avoid this process by helping couples agree on a settlement outside of court. This may cut down on costs and expedite the divorce process.
Greater Control Over Divorce Outcomes
Additionally, resolving disputes without mediation gives the courts the final say in the decision-making. When it comes to litigating a divorce, the couples essentially surrender their right to make decisions regarding the divorce to the court. The judges and jury will follow procedure and adhere to the state laws, but the decision lies with them. Resolving disputes in mediation allows couples greater agency and control over the outcomes.
Reduced Conflict
Divorce mediation may also benefit the individual by avoiding a lengthy litigation process that could hinder them from moving on with their lives. Trials can be long and arduous, but a trial regarding divorce may hold people back from moving on from a painful experience. While addressing conflicts in person may be uncomfortable, a skilled mediator may be able to help resolve disputes efficiently. Accelerating this process may help reduce conflict in the long run by seeking a faster settlement out of court.
Challenges of Divorce Mediation
However, despite these benefits, there are also challenges to divorce mediation. Depending on the specific circumstances of the divorce, pursuing mediation may be difficult or even painful. Discussing sensitive topics such as the division of parenting time under Section 20-3-160 may be difficult for some to discuss with the spouse they are trying to divorce. In addition, the presence of a mediator does not guarantee access to sound legal advice.
Emotional Strain and Communication
Divorces are often emotionally charged, taxing experiences. Particularly if the other spouse is unwilling to communicate or cooperate with one’s efforts to negotiate. When emotions get involved, it may move people towards being irrational or getting angry, which can set back settlement agreements. If one spouse is unable to engage in dialogue with the other, divorce mediation may be difficult or even impossible.
Lack of Legal Advice
Additionally, many may assume that a divorce mediator will provide legal counsel and seek both parties’ best interests. This may not always be accurate. While some divorce mediators are lawyers, many others are therapists, religious leaders, or retired judges. Even when divorce mediators are legally informed, their goal is to foster cooperation between two spouses, not to advocate for one’s legal rights. This means that pursuing mediation without the support of outside legal counsel may lead an individual to accept a marriage settlement that is unfair.
Exclusions
Some divorce cases may not be able to be resolved by mediation. For example, if either spouse is unable to cooperate and find a middle ground with their partner, mediation may simply be a waste of time. Additionally, with more complex issues where the safety and well-being of one spouse or the other are in question, it may not be advisable to seek mediation.
Contact a South Carolina Family Law Attorney Today
Divorce can be messy, and trying to resolve matters and come to an agreement can be difficult. Moreover, understanding one’s rights and what a fair marriage settlement would look like may be challenging for someone unfamiliar with the law. A skilled family law attorney from King Law Offices may be able to assess a divorce case and provide their insight on the matter. Schedule a consultation by calling the office at (888) 748-KING.