What is the Difference Between an Uncontested Divorce and Mediation? Which One is Right for my Family?

In an uncontested divorce, the parties are not focusing on their disagreements, but rather, how to amicably divide the estate, calculate support and execute a parenting plan. When a divorce case is truly uncontested, there is no need for mediation since it is a tool to help parties resolve issues that are present during divorce proceedings.

Typically, an uncontested divorce becomes a matter of drafting and reviewing paperwork, filing the case, and appearing in court one time at the “prove up,” or the date of the divorce. An uncontested divorce will often be resolved swiftly, with the assistance of either one attorney or two (but keep in mind one attorney can only represent one party).

Mediation is helpful to resolve issues in a respectful manner, while allowing the parties keep control of the outcome. The mediator is neutral and does not take sides; however in private mediation, it is possible for parties to have their attorney’s present. Unlike a judge, the mediator does not have the authority to make binding decisions, though a mediator can offer creative and thoughtful solutions that are specifically tailored to the family.

The Law Office of Erin M. Wilson, LLC is able to offer referrals to mediators. The Law Office of Erin M. Wilson also provides mediation services to help clients reach a fair and amicable settlement, as quickly and cost-efficiently as possible. There are three ways The Law Office of Erin M. Wilson LLC guides clients through this process: 1) counseling clients while they engage a neutral mediator, 2) acting as the mediator and then referring the parties to a lawyer(s) to draft and/or review the required court paperwork, or 3) drafting or reviewing the paperwork after a client has gone through the mediation process and have a full agreement. Erin works hard to ensure clients going through the mediation process feel protected in a confidential forum.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.