Mediation has become a popular alternative to addressing divorce issues since it gives parties more control over the outcome, allows for a more private process and, at times, provides a faster and less costly divorce process.
In Hawaii, courts may order a mandatory mediation in select divorces. This, however, does not mean that unchosen divorce cases can no longer opt for mediation.
Not a requirement
Courts acknowledge that some parties may want to reach a divorce agreement without going to court. Hence, their approval is not necessary before divorcing spouses can start mediation. In fact, couples can mediate their divorce issues before filing for divorce to agree on various matters such as property division, child custody and support issues. This way, they would only have to submit their mediated agreement to the judge for review and approval.
Even if a divorce case is already in court, parties can still volunteer to resolve their divorce issues through mediation. Unless there is a substantial reason to deny the request, the court will likely allow it not only to reduce court caseloads but to allow parties to enjoy the advantages of mediation.
Is divorce mediation for you?
It is important to understand that while you can voluntarily opt for mediation, you must still carefully evaluate your situation to know whether mediation is the suitable approach to your divorce. Understandably, this may not be an easy task especially since the divorce may have taken an emotional toll on you.
In this case, it is advisable to seek guidance from a dependable legal representative who can help you understand the divorce process and make informed decisions toward protecting your rights and interests.
