The divorce process presents many areas in which discrepancies can arise between a separating couple. Some people can amicably come together to discuss their divorce and how to appropriately divide their assets. Many couples, however, cannot constructively discuss and readily agree to the division of their property and assets.
Mediation can be an option to help further the process by bringing the couples together with a mediator to appropriately discuss and amicably agree on key decisions that are stalling their divorce from moving forward. A mediator cannot give advice to either party nor can they act as a lawyer in each discussion. This frees up an open, honest exchange between spouses, and allows them to confidently and freely discuss the terms they cannot agree upon. On the other hand, litigation ultimately takes the decision out of the couples’ hands and puts it into someone’s hands who may not know them very well. Mediation can also take far less time to reach a conclusion than the process of litigation.
Less Expensive, More Control
This is one of the most common reasons for mediation. Both spouses will hire one individual to assist in the mediation between the spouses. Litigation can often times be an expensive and trying process, whereas mediation is more flexible and confidential. Freeing up a notion of complete trust can be crucial for each spouse to have the confidence to speak freely and clearly, which helps to get everything on the table. The divorce process can be difficult, not only for obvious reasons of separation and the ending of a marriage, but also because some things can feel out of your control. This is already a hard phase to go through as an adult, but when your life is being divvied up by a court system and judge you can feel helpless through the process. Mediation allows you the control to negotiate and express yourself and keep the final decision on your own things, whether it is property, money or other assets.
Mediation Minimizes the Emotional Toll
Divorce always emotionally affects children. The outcome for them will be traumatic enough, but when the parents are bickering visibly and being petty over the children it can cause even more irreparable damage. Mediation can halt the emotional trauma and allow the parents to come together. Seeing this, the children can know their parents can work together when it concerns them, eliminating the notion that their parents are fighting and maybe divorcing because of them.
The emotional toll of filing for divorce is both trying for the children and the parents. Making the divorce process a muddy and mud-slinging affair does no good for anyone involved. Mediation can help lessen the emotional toll on everyone involved in the process, allowing for peace and moving forward.
Mediation obviously is not the only option in divorce, and in some cases it may not be a viable option, but it certainly can be a helpful tool. The way your marriage ends can have a significant effect on how you continue to move forward. If you allow yourself to be dragged down by the process, or allow the process to unnecessarily drag on, it will only hurt you and your children in the long run. Divorce mediation can be a peaceful way to negotiate towards the end of your marriage on a positive note.