Mediation is a form of alternative dispute resolution intended to provide a mechanism to resolve legal disagreements and disputes in an effective manner without court intervention. Guided by a neutral attorney-mediator, it is a great resource for those facing divorce as it involves a more cooperative—and in most cases more efficient—approach to the emotional and practical challenges inherent in a dissolution.
While not every divorce is perfectly suited for the mediation process, those that are able to effectively pursue a mediated divorce settlement will oftentimes find a number of key benefits inherent in the process when compared to litigation. We have detailed three of the most significant below:
One of the most important reasons couples may wish to utilize mediation, as opposed to litigating their divorce case, is the degree of control over the outcome which is inherent in the process. When your divorce is forced to go to court, discussions are limited by rules of procedure, and ultimately the outcome will be left to the judge. While the court will seek to make equitable and fair decisions, no one knows your unique circumstances as you do. Mediation allows you, with the guidance of a neutral attorney-mediator, to control the negotiations, topics of conversations, and ultimately the outcome of the various elements that must be decided in your divorce. You and your spouse will have the opportunity to ensure the divorce proceeds as you expect it to.
One of the key components of mediation under any circumstances, whether a divorce mediation, business mediation, or some other situation, is an agreement to keep the proceedings confidential. Usually, everyone involved will sign a confidentiality agreement, ensuring that anything and everything discussed during mediation will be kept private. Divorces are incredibly emotional, vulnerable affairs. Few people want the various details of their divorce to become public knowledge. However, if your case must go to court, where proceedings are generally public records, anyone who wants to learn about the intimate details of your divorce would likely be able to obtain them. The privacy of mediation is also beneficial for your children, helping to minimize their exposure to the most damaging emotional elements of your divorce.
The very nature of litigation is far more adversarial than mediation. In court, you are forced to pursue only your interests to the fullest extent possible in order to achieve a favorable result. Sometimes this is a necessity, depending on your circumstances. However, mediation forces the couple to consider both their own interests and that of their spouse, which usually leads to much more mutually beneficial results. Through a less adversarial approach, couples often are in a much better position to work together following their divorce for the purposes of co-parenting, and it often allows couples to move on in a much healthier manner following the divorce. Mediation often sets the stage for a much less combative and much happier post-divorce life.
If you are considering a divorce, please contact the Law Offices of Kayleene Writer, PLC, today to discuss whether mediation could be right for your unique needs, or whether some other approach may better suit your circumstances. We can advise you on the best course of action and guide you throughout every step of the process. Give us a call today!