Should You Choose Divorce Mediation?
Posted on: 15 November 2021
Divorce mediation serves as an alternative process to the more contentious approach to ending marriages. You might wonder whether it's suitable for your situation. Look at what mediation entails and how it may or may not fit your needs.
One Mediator
The use of a single divorce mediator is the feature that most distinguishes this process from what folks might think of as the more typical one. One person, the mediator, is there to balance the interests of both parties. This is different than the standard approach to divorce where both sides retain attorneys and have to sort things out as adversaries.
In divorce mediation, the goal is to resolve problems. Notably, even when people sue the heck out of each other in divorce, it's common for courts to order them into conferences for negotiations. In other words, mediation often saves a lot of trouble while achieving what are frequently the same sorts of results.
Cost is a major attraction of working with a divorce mediator. The two sides are paying one person to help them figure things out.
Stakes
Generally, mediation is ideal for folks going through low-stakes divorces. Suppose a former couple doesn't have any kids or considerable assets to divide. Is lawyering up and fighting worth it for the hypothetical divorcing couple? It's probably not.
Even a relatively high-stakes case may lend itself to mediation. For example, a former couple might agree to part ways peacefully. They could even have significant marital assets, child custody concerns, and support and alimony questions. If they'd prefer to have a professional look over the case and propose a solution, divorce mediation will save them a lot of grief and expenses.
Do note you're not obliged to follow the proposed plan. If you don't like it and want to pursue an adversarial process, you will be well within your rights.
Agreement
Both parties must accept divorce mediation to use it. If not, there is no way for one to compel the other to work with a divorce mediator. However, if you strongly feel it's worth pursuing, you should lay the case out clearly to your ex. Mediation is likely to be faster and more cost-effective than conducting a legal battle. Except in cases with contentious issues, such as someone hiding marital assets, there often isn't a strong argument for the bigger legal fight. If you've already contacted a divorce mediator, give your ex their number and encourage them to discuss mediation as an option.
For more information, reach out to a company like Mediation Solutions LLC.
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