What are the benefits of a mediated divorce?
Mediation is quickly becoming one of the most utilized methods of divorce. As more and more people turn to mediation, others are wondering why. Mediation is a success for many people who wish to set aside their animosity for the greater good of the family, avoiding the pitfalls of litigation. Though divorce will never be an easy process, mediation is one of the better ways to get closure and move on. Mediation and other methods of ADR are so often in the best interests of divorcees that the court itself will explore the practicality of avoiding litigation. Below are just some of the many reasons people turn towards mediation to get divorced.
Time and money saved: Mediation, when successful, is a cost-efficient process compared to litigation. Mediation saves the couple and the court money. The process of discovery alone is time-consuming and intrusive, leading to exorbitant legal fees because of the time spent collecting and analyzing financial information. The process of litigating a divorce can last much longer than mediation as well. For many, mediation is over within a few sessions while litigation can last over a year or more.
Retaining control over the future: Mediation is a success for many because it helps the couple retain control over their fate. A divorce case is decided on by a judge equipped with the facts provided. This is limiting. For some, these decisions may seem arbitrary. While most are not, the perception that one is being wronged can be overwhelming. In mediation, the couple decides how to handle these matters in respectful negotiating sessions, helping them control their future and often being happier with the results.
Mitigating the emotional toll: When a couple mediates their divorce, the couple is doing so with a common goal. They have voluntarily entered this process and they have decided that setting aside deep-seeded animosity for a mutually beneficial conclusion is best. When a couple has decided to end their marriage cooperatively, they are often relieved and less stressed about the process.
Speaking freely/confidentiality: Mediation is a confidential process. No one is permitted to use the sessions as evidence in court if one or both parties decide to litigate unless agreed to in writing. With this in mind, couples are more apt to speak out about important facts, even the most sensitive ones. For many, courts are intimidating. When litigating a divorce case, it is done in a public setting. When couples know they are speaking in private, the outcome is often more bearable because all issues have been discussed openly.
Reducing the impact on the family: For many, the benefits of mediation are far-reaching. For parents, their divorce can impact their children greatly. No one leaves unscathed but through mediation, the effects on the children can be greatly diminished. For one, parents who engage in mediation are modeling healthy dispute resolution methods for their children. They are providing an example that even in the worst situations, fighting is not the answer. Furthermore, when parents mediate their divorce, they often forge a new relationship based on mutual respect and a common goal, setting up a cooperative parenting structure.
If you need an experienced legal team to guide you through your divorce, contact our firm today.