Top 10 Reasons to Mediate Your Divorce
For couples who are facing divorce, there are many reasons why they should consider mediation as their method of choice for coming to an agreement regarding all of the important issues that must be resolved. Here are ten considerations to take into account in making this decision.
1. It can be less costly than other methods.
In mediation, the parties usually share the cost of one mediator rather than both parties paying individually for separate divorce attorneys. In addition, the mediation sessions are focused and less time will be wasted than a typical court appearance where much of the time is spent waiting for your case to be heard.
2. The parties control the dialogue and the outcome.
Working with their mediator, the parties themselves determine what issues need to be discussed and resolved. In addition, the parties, not the court, will determine together what outcome is fair rather than a judge making the decisions.
3. The process can be concluded in much less time than a litigated divorce.
The parties set the time frame themselves for how quickly they wish to move through the process and can schedule meetings with their mediator as often as they wish unlike a litigated divorce which is limited by the court schedule and docket as well the the attorney's schedules.
4. The parties get more personal and individualized attention.
The parties work together and directly with their mediator to identify their issues and to work out a resolution that they both can live with. There are no intermediaries and the focus is just on the divorcing couples' priorities.
5. There is greater flexibility.
While courts are open only during regular business hours and are often overwhelmed with the sheer number of family law actions filed, in mediation, the parties can schedule their sessions at their convenience. Many mediators have flexible hours and will work with the parties on the timing and frequency of the meetings.
6. Enhanced Confidentiality.
The conversations and meetings held with the mediator are private and the documents and notes created in the process are usually privileged and confidential. This is in direct contrast to courtroom proceedings which are generally open to the public so that personal details and information are discussed in a room full of strangers.
7. It can help insulate the children from the divorce.
Contested custody trials involve many professionals in the dispute, such as guardians, psychological evaluators, attorneys for the children and court personnel. In many instances, these professionals will need to interact with the children directly so that they can provide input into the process. In mediation, the mediator assists the parents in focusing on the children without embroiling them in the process through education and discussion.
8. There is greater opportunity to create a parenting plan specific to your family's needs.
Because the focus is centered on the parties and their particular family situation, a great deal of time and effort can be focused on crafting a creative parenting plan that addresses that particular family's unique situation. The parties are not confined to the norms of the litigation system.
9. It is a less adversarial process.
Litigation is centered on conflict with an ultimate winner and loser. The goal of mediation is to craft an outcome that meets as many priorities for each party as possible resulting in a win-win situation for each.
10. The final agreement is much more stable and the parties are able to move forward post-divorce in a more positive manner.
The litigation process is adversarial in nature and in the end, the parties are left with court orders imposed upon them by a third party. In the mediation process, the parties learn to communicate and work together to reach compromise, and they, not some stranger, make the final decisions as to what they think is best for them and for their family.
