The simple answer to this question is cost. If you and your spouse are sharing the costs of a mediator you have jointly engaged to help you resolve your divorce dispute, it will cost less than each of you retaining separate counsel to litigate every single point of disagreement.
Another, perhaps even more compelling reason, is the emotional toll that litigation will have upon your future relationship. No one is suggesting that you and your spouse will be the best of friends after your divorce. After all, there are reasons you are choosing to divorce. However, litigation may increase the animosity between you, making it more difficult to move on. If you have children, it can also make co-parenting in the future more difficult. Mediation can lessen the strife between you if you feel you are working toward a common goal and trying to be fair to one another in your split.
Lastly, the ability to be creative in fashioning a settlement that works for you and your children is another reason to consider the beneficial alternatives of mediation. Judges are often limited in what they are able to do in divorce matters by the strictures of the statutes, as well as case law. You have the unique ability to think outside the box and be creative in resolving your matter with the help of a good mediator.
While not every case is a candidate for mediation, it is worth considering this less costly, less tumultuous, and more creative approach to divorce. Parties can speak with one of our divorce mediators about that option if you think this can work for your situation. Posted by Elizabeth A. Calandrillo, Esq.