Ending a marriage requires filing a lawsuit, but traditional litigation is no longer necessary for working out the terms of the marital split-up in Montana. Instead, divorce mediation is becoming increasingly popular for resolving divorce-related disputes. This process involves using a neutral third party, known as a mediator, to facilitate the resolution of a couple's disputes.
In mediation, the goal is to create an agreement that is mutually satisfactory, equitable and legally sound. Another major goal is to minimize controversy following the dissolution of the marriage as well as to decrease hostility between the two parties. Using a mediator also helps with avoiding the trauma and expense that usually come with litigation.
The mediator's role is to promote communication and understanding between the parties. He or she also focuses both parties on their own particular interests and seeks innovative problem solving. The ultimate objective is to help them to work out an agreement on their own.
Mediation offers multiple advantages in the state of Montana, including the fact it helps with avoiding the high costs associated with divorce litigation. This is partly because the process is usually quicker than going to trial. Mediation also helps to protect confidentiality, which is not possible with a litigated marital dissolution. It is especially valuable for parents of young children who will have to co-parent for many years and thus must master their negotiation and communication skills. An attorney can provide guidance on what the process entails and how to achieve a personally favorable settlement in the end.
Source: findlaw.com, "Divorce Mediation", Accessed on March 21, 2017