More often than not, separation and divorce are filled with a great deal of tension and turmoil. This creates an environment where neither party wants to work with the other in order to resolve the issues at hand. The emotional toll that ligation has on the lives of a family going through divorce is severe. It is a time of uncertainty, doubt, stress, and worry that the court process only intensifies. However, there is some good news! Families resolving divorce or separation do have alternative methods to choose from. Among them is divorce mediation. You may think that there is too much conflict, pain and anger for mediation too work but it can actually help ease the entire process. Here are five advantages to choosing mediation over court.
On top of all the negative emotions that divorce stirs up is the stress of paying for it all. Divorce is very costly. Mediation is less costly and time consuming than court because the process is much shorter and requires less paperwork. The mediator keeps the parties focused on the issues at hand and dissolves any irrelevant discussions or disputes quickly.
The mediation process requires all of the parties involved to sign confidentiality agreements. Everything that is disclosed during the divorce process must remain between the parties involved and their advisors. No finances or personal details will be made public.
When divorce goes to court there is no way to avoid adversary—each party is focused on putting their best case forward and this often means the other party’s case is attacked. One party is seen as the winner and the other as the loser. This can have a negative impact that lasts for years after the divorce is finalized. Mediation allows each party to be treated with dignity and respect because the goal is to equally benefit both parties, and this can be especially beneficial if children are involved.
Mediation is usually voluntary—so it is up to the parties too chose the family mediator they want to work with and proposals discussed during the mediation process are not binding. Since mediation requires both parties to play an active role in resolving all issues and disputes, it leads to a more satisfying outcome for everyone. This usually means that both parties are likely to comply with the terms of the settlement.
It is not easy to pick a court date—they are usually difficult to come by and it can take multiple court dates before a divorce is finalized. Prolonging a divorce only adds to the feelings of bitterness and resentment that linger in the air. Since there is less paperwork involved in mediation, choosing it over divorce moves the process forward quicker. It also allows both parties to go at a pace they are comfortable with, which is especially important considering the high amount of stress caused by divorce.