Divorce mediation has become a common alternative to litigation. Couples preparing for the end of a marriage can work together to settle their disagreements outside of court instead of relying on a judge to settle their disagreements.
Mediation requires the assistance of a neutral third party who helps the spouses discuss their disputes and reach an amicable resolution for those disagreements. Parents with minor children are among those most likely to choose mediation to resolve their disagreements in a pending divorce. Why do parents often choose to work with one another instead of litigating in family court?
1. Keeping the situation peaceful
Mediation requires cooperation, which is different from the adversarial approach often utilized in litigated divorces. Spouses who mediate can limit the conflict that arises during the divorce process. They can protect their children from the worst consequences of divorce, which often have a direct association with the children witnessing conflict and feeling compelled to take sides.
2. Enhanced privacy
Parents settling disagreements about custody, financial support and property division may need to talk about very private matters. The confidential nature of mediation lends itself to controlled discussions about substance abuse and other issues that parents may not want to discuss in open court.
3. Control over the outcome
How judges view a family’s situation can be difficult to gauge. Spouses give up control over divorce terms when they litigate. If they mediate, they can prioritize specific terms that are important for the entire family.
Having assistance while preparing for and attending divorce mediation can make it easier for parents to protect their children and achieve their top divorce goals. Successful mediation can ultimately benefit the entire family by allowing for an out-of-court settlement instead of costly, adversarial litigation.
