Few people want to go through the long, drawn-out divorce process. Meeting with attorneys and attending court hearings costs both your time and your money.
For those reasons, more people are considering mediation as an alternative to the traditional litigious divorce. Understanding what’s involved with divorce mediation, along with its advantages and disadvantages, will help you decide if it’s a viable option for you.
What is divorce mediation?
Divorce mediation is a process where a couple works with a neutral third party (mediator) to reach mutually beneficial solutions. The couple sets the terms of property division, child custody, parenting time and financial support without going to court.
The mediator doesn’t make decisions for the couple. Instead, they are there to guide the discussion and help both sides effectively communicate.
Divorcing couples prefer divorce mediation because:
- It’s faster and cheaper than going to court. Court cases can drag on while legal fees pile up. The couple is at the mercy of the court’s schedule. With a mediator, they can work at their own pace and typically reach a settlement in just a few sessions.
- There is more control over the outcome. In a traditional divorce, the judge makes the final decisions regarding property division, custody and support. In mediation, couples work together to decide what’s fair. This allows for more creativity in finding a personalized solution that meets their needs.
- Mediation sessions are confidential, unlike a public courtroom.
- It can be beneficial for preserving the co-parenting relationship, as mediation encourages communication and compromise, which are two key components for effective co-parenting.
While there are many benefits to divorce mediation, it also has its drawbacks. It doesn’t work for every couple. If there is a power imbalance, a history of abuse or a lack of trust, mediation might not be safe or effective.
Mediation also requires honesty. If one spouse refuses to compromise or hides assets, the mediation process can stall. In that case, the couple may have to move forward with litigation.
If you think that mediation may be a viable option for you, talk with a legal representative. They can review the circumstances of your divorce and guide you through the mediation process. They can also help ensure that the final agreement protects your best interests.