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Mediation could help you resolve disagreements pre-divorce

If divorce has become a consideration, it is likely that you and your ex no longer see eye-to-eye on many important topics. From what you spend your household income on to how you parent your kids, many issues can become points of contention for the end of a marriage.

Many people who have outstanding issues in their marriage inaccurately assume that there will be no way for them to resolve those problems without going to court and letting a judge be the one who makes the final decisions. Contested divorces can be stressful for spouses and any children in the family, to say nothing of how expensive they can become.

Most people recognize that uncontested divorces are faster and cheaper, but they may see it as an impossibility given the disagreements they currently have with their spouse. For many couples, mediation can be an opportunity to resolve those conflicts and set in place terms that both spouses find a mutually agreeable, thereby allowing for a faster, uncontested divorce filing.

How mediation works

Mediation involves both parties and their individual attorneys working together with a neutral third-party mediator to address each of the outstanding issues in the marriage, such as how to split up certain assets or how to allocate parenting time.

The mediator's primary role is to help both parties reach a compromise that works. Parties participating in mediation each have their own attorneys to represent their best interests and ensure that all documentation is adequately completed and complies with Alaska state laws.

Provided that you do reach agreements, you will commit these to writing and then use those as the basis for your unconverted divorce filing. Attention to detail and compliance are important during this process. Mistakes, illegal content and missing signatures could all invalidate your mediation agreement.

Benefits for couples considering mediation

As previously mentioned, successful mediation sessions can lead to a written agreement that allows for uncontested divorce filings. In other words, couples can save significant amounts of time and money by working together for that uncontested filing status.

However, the benefits of mediation don't end with financial savings and a faster process. Mediation can be less traumatic both for the spouses involved in the process and any children that they share. Unlike court, which often involves children speaking to a judge or to the whole courtroom, mediation does not have to involve the children at all. More importantly, the children will get to see their parents set a positive example by working cooperatively instead of fighting over every little issue.

Finally, divorce mediation is a confidential process, unlike divorce court. What you say in mediation remains private, while the things you claim in court will become part of the public record.

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