Mediation is a lower stress, lower conflict dispute resolution method. In many cases, divorces and other family law matters are referred to mediation before court. Whether or not you would want a mediated divorce depends on your personal priorities, but it does offer several advantages, such as:
Divorce is a costly process. Under the best circumstances, you will likely spend a great deal of time and energy. Your assets will undergo an even division. The less conflict between divorcing spouses, the less it will cost. With a mediated divorce, you can settle matters in a considered, collegial method that prioritizes working solutions rather than “wins.”
Just because you’re going through a divorce doesn’t mean you don’t care about your spouse anymore. Incompatibility doesn’t have to mean protracted battle. Mediated divorce allows for lower-conflict, relationship-sparing dissolution. You can move on from the marriage without a scorched earth policy.
A low conflict divorce can be even more important where children are involved. There is significant data that strife between divorced parents leads to emotional damage in children. By making a potential fight a more uncomplicated discussion, you get to show from the beginning that your kids’ feelings matter most to you.
In the most high-conflict divorces, especially among high-profile individuals, the circumstances of a relationship’s breakdown are often highly secretive. If fights over every issue end up in a courtroom, things you may wish to keep private become part of the public record.
Mediation is not without some drawbacks.
Unfortunately, mediation is not binding unless both parties agree. A mediator can hand out a resolution, and one party rejects it, sending everyone to court. In this scenario, the mediation didn’t accomplish the speedy, cost-saving option but instead added a greater cost to what you already faced.