Mediation in Divorce: When Pros Outweigh the Cons

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Divorce LawLitigated divorce can lead to a financially and emotionally trying time. Unkind words are exchanged, feelings are hurt, and happy memories are replaced with a hostile, costly experience.

In some cases, the best strategy to pursue divorce is through mediation, a form of alternative dispute resolution designed to minimize conflict between spouses. Description: puts it as “amicable negotiation and voluntary resolution of your disputes.”

Choosing mediation, if it suits you, can protect your children and finances from the consequences of an antagonistic divorce. If you can tolerate being in the same room with your spouse, it’s an option worth your consideration.

Here are its pros:

Professional Mediators Are There to Guide You

You and your spouse can better understand issues with the help of an experienced mediator. Little time is spent on discussing the causes of conflict and reopening wounds.

You Get Better Control of the Process

Good mediators emphasize the importance of giving both parties an opportunity to be heard. This allows you and your spouse better control of the process and the end result, unlike in a trial.

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You Save Money and Time

In mediation, you will be spending significantly less money, time, and energy, compared to litigated divorce.

You Can Move Forward with the Divorce

You still have rights to proceed with litigated divorce if or when mediation fails, usually when it’s impossible to reach a reasonable agreement with your spouse.

It’s important to note that not all marital disputes are suitable for amicable negotiation. Mediation is usually not the best option in these particular cases:

  • When you and your spouse are not on speaking terms
  • When domestic or any other type of abuse is present
  • When one spouse is unmanageably hostile or high-conflict

For couples who don’t fall under these categories, mediation remains a sound alternative route to divorce. If you are considering this process, get in touch with lawyers specifically practicing alternative dispute resolution, with extensive experience and knowledge in domestic relations. You’re more likely to reach the outcome you want with the right legal guidance.