How mediation can benefit those preparing for divorce

On Behalf of | Jul 3, 2024 | Divorce |

For many people, divorce is synonymous with family court litigation. They expect to fight with their spouse over property division, financial support and child custody arrangements. Given the state of their marriage, a protracted and messy divorce may seem like the only path forward.

However, many spouses are able to avoid that worst-case scenario. They attend mediation together as a way of resolving their disagreements. They then have the option of filing an uncontested divorce. Although the mediation process can be intense, it is also often beneficial for the spouses who intend to divorce. The following are some of the positive potential consequences of a mediated divorce.

Control over the final terms

Some people fantasize about a judge providing them with justice in a litigated divorce. They imagine receiving a disproportionately large amount of the marital estate or highly-unbalanced parenting arrangements. While those goals are common, they are not necessarily realistic. A family law judge has to apply state statutes when resolving litigated divorce issues. Couples give up control to the judge, whose analysis of the situation can be hard to predict.

When people have certain custody terms that are deeply important to them or when they need to retain certain assets, mediation allows them to fight for specific terms if they compromise in other areas. They have control over the terms that they set, and they don’t have to sign the final agreement if they feel dissatisfied with it.

A reduction in family conflict

Divorces involving children can be particularly complex. Parents may have a hard time agreeing on how they share parental rights and responsibilities. The more they fight with each other, the more stressful the divorce may become for their children. Older children may even need to speak about their personal preferences in the family court. Parents who resolve issues in mediation can often keep conflict levels lower and can take the pressure off of their children during divorce.

Enhanced personal privacy

Divorce can be embarrassing because of the personal details people have to expose. Complaints about shopping habits or substance abuse issues can play a major role in divorce proceedings. If people have personal details they do not want made public, mediation can protect their privacy. By discussing complicated family issues in a confidential setting, spouses can reach a fair agreement without airing their dirty laundry in family court. Overall, mediation can significantly speed up the divorce process and limit how much time people spend in court. That can also help keep the overall cost of divorce lower.

Considering divorce mediation as one of multiple options for an upcoming divorce can be beneficial for many spouses. Mediation can be a good solution for spouses in a variety of different scenarios.


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