People ask why they should choose divorce mediation… Let’s discuss the benefits of divorce mediation!
Divorce is never an easy process. It can be emotionally and financially draining on both parties and, unfortunately, often leads to an ugly confrontation. The traditional way of resolving a divorce case is through litigation.
But litigated divorce process is adversarial and often makes things worse for both parties involved, especially if children are in the mix. This is where divorce mediation comes in.
A better option for divorcing couples is mediation!
Divorce mediation involves a neutral mediator who assists couples in reaching a peaceful agreement on the terms of their divorce. It is a less contentious and more peaceful way of ending a marriage.
This article outlines eight advantages of divorce mediation and explains why it is a great alternative for anyone looking to avoid a lengthy, contentious divorce.
Let’s dive into it!
What Is Divorce Mediation?
Divorce mediation is an alternative to litigation. In this process, a neutral third-party mediator helps couples agree on the terms of their divorce.
The mediator does not make any decisions but facilitates communication between the couple to help them make their own decisions. All settled issues pertaining to assets and debts and minor children are reflected in formal settlement agreements called a Mediated Marital Settlement Agreement and a Parenting Plan. Those agreements settle all of the issues and are then submitted to the court when you file for the divorce.
Mediation is a private and confidential process, so the dignity of your family is protected.
Mediation and Litigation: Which Is Better?
Divorce litigation involves each party hiring an attorney to represent them in court. The process can be lengthy, challenging, and exhausting, impacting your emotional, mental, and financial well-being.
In contrast, divorce mediation is a more peaceful and less contentious process. It allows couples to make decisions and develop solutions that work for them.
8 Benefits Of Divorce Mediation
Now that you know divorce mediation, let’s look at the benefits. There are many benefits of a successful mediation for divorcing spouses; here are just a few:
Benefit 1: Less Stress
Divorce is a stressful process, and litigation only adds to that stress. On the other hand, mediation is less stressful than other methods because it involves less conflict. The mediator helps the couple communicate and reach an agreement that works for both parties.
Benefit 2: Cost-effective
Divorce litigation can be expensive. Attorneys charge by the hour, and the longer the case goes on, the more expensive it becomes. In contrast, divorce mediation is generally less expensive because it is a shorter process.
Benefit 3: Confidentiality
Divorce litigation is a public procedure, and court hearings are a matter of public record. Anyone, including family members, friends, and associates, can attend them. In contrast, mediation is conducted privately and the settlement discussions and negotiations are kept confidential.
Benefit 4: Control
In divorce mediation, the couple has complete control over the outcome. They can make decisions that help them instead of having a judge make them. Each has the power to say “yes” or “no” to each issue discussed.
In litigation, if the parties do not agree on an issue, the judge decides on a resolution that might not be what either party desires. That is a huge risk and often creates anxiety and stress due to the unknown and unpredictable outcome.
Benefit 5: Faster Resolution
Typically, divorce lawsuits take a long time of several months or even years to resolve. In contrast, divorce mediation is a shorter process, usually taking a few weeks or a couple of months to conclude.
In litigation, the instance might be postponed due to scheduling conflicts or other concerns. In mediation, the couple establishes the timeframe, and the process can move more quickly.
Benefit 6: Better Communication
During a litigated divorce, communication between the parties can be stretched and adversarial. This can make settling on important problems like equitable distribution, time-sharing with minor children, alimony, and related issues challenging. In mediation, a neutral third party helps you to communicate with one another and to peacefully resolve differences.
In litigation, the interaction between the celebrations is commonly restricted to official lawful processes, such as court hearings and depositions. This can make it challenging for events to express their issues and also work collaboratively toward a resolution. In contrast, mediation enables even more casual and adaptable communication, which can be specifically helpful in fixing emotional or complicated concerns.
Benefit 7: Preservation of Relationships
Divorce is usually emotionally billed and hard and can also stress the toughest partnerships. Mediation can help preserve the relationship between the parties, especially as co-parents of any minor children.
Conversely, litigation can exacerbate problems, bring about a breakdown in interaction, and depend on the events. This can make co-parenting harder and bring about continuous disputes and stress.
Benefit 8: Better for Children
Divorce can be especially difficult for children, who may feel caught in their parents’ disputes. Mediation can help reduce the negative impact of divorce on children by providing a more cooperative and collaborative environment.
In contrast, litigation can be highly contentious and adversarial, particularly damaging to children. Legal proceedings, including family law court, may require children to testify, potentially causing emotional harm and trauma.
So these are the benefits of divorce mediation that should help you to choose Mediation over litigation.
Process of Divorce Mediation
Divorce mediation is a voluntary process, and the couple must agree to enter into it to succeed. Here’s an overview of the divorce mediation process:
- Selection of Mediator – The first step in divorce mediation is selecting a neutral third-party mediator. This person should be a professional with extensive experience in family law and mediation and human emotions.
- Retainer the Mediator & Scheduling – Once the couple agrees on their choice of mediator, a formal agreement is sent to both to retain that mediator’s services. Once retained, the spouses and the mediator schedule the first mediation session. If you hire Eric with PeacefulSplit® Divorce Mediation, he will then send you both some easy-to-complete online forms to gather necessary financial information and an agenda of topics to be discussed at mediation.
- First Session – Discussion of Issues – At the initial meeting, the mediator will review the overall process, explain ground rules, and answer any couple’s questions. The parties will then discuss the issues they must resolve, including child custody, property division, and spousal support, if requested. The mediator will help guide the conversation and ensure that all concerns are addressed.
- Negotiation – The couple will then negotiate a settlement of each and every required issue needed to then file for a settled and uncontested divorce.
- Settlement Agreement(s) – Once an agreement is reached, the mediator will draft a formal and detailed settlement agreement for the couple to review and edit. Once all agreed-upon changes are made, the couple is instructed to sign and have the documents notarized. At that time, they are effective and can be used as the basis of the divorce in court.
- Court Approval – The couple files for an uncontested divorce and provides the court with copies of the settlement agreements. The Court will then issue a final divorce decree after a final hearing (generally held within 1 month or 2).
So if you’re considering divorce, consider divorce mediation for a less stressful and more amicable resolution. Eric can help you work through the issues and reach an informed, mutually beneficial agreement.
Who Should Use Divorce Mediation?
Divorce mediation can benefit any couple seeking a more amicable and peaceful approach to divorce. Couples with children can benefit greatly from it as it helps maintain their relationship and minimizes the adverse effects of divorce on the children.
Divorce mediation is also a good option for couples who value privacy and confidentiality. Mediation sessions are typically private and confidential so the couple can keep their negotiations out of the public domain.
People who may benefit
Here are some people who may benefit from divorce mediation:
- Couples who want to keep the details of their divorce negotiations private.
- Couples with children who wish to preserve their relationship and minimize the impact of divorce on their kids.
- Couples with complex property or financial decisions that need to be made
- Couples looking for an amicable resolution to their differences
- Couple looking to save money over litigation.
Are There Any Disadvantages to Divorce Mediation?
Many people ask if there are any disadvantages to divorce mediation. There are not necessarily any major drawbacks to the process, but it can be difficult for couples who have experienced deep-seated and unresolved issues in their relationship. Here are the couples for whom mediation may not be suitable:
- Couples who have a history of domestic violence or abuse.
- Couples with unresolved emotional issues or unresolved anger and resentment.
- Couples suffering from depression, mental health issues, paranoia, addiction, etc.
- Regardless of your situation, speaking to a qualified professional is important before deciding whether divorce mediation is right for you.
If you think divorce mediation may be a good fit for your situation, finding an experienced and qualified mediator who can help you reach an amicable resolution is important.
How to Find a Qualified Divorce Mediator
Finding the right divorce mediator is essential to ensure a successful outcome. Here are some tips on how to find a qualified mediator:
- Research – Do your research and look for experienced mediators in your area who specialize in family law and divorce mediation.
- Check their credentials – Make sure the mediator has extensive experience in divorce mediation.
- Check reviews – Read online reviews to get an idea of their reputation and quality of work.
- Interview – Contact the mediator’s office and discuss your concerns, and see if you are comfortable working with the mediator.
- Price – Get an idea of the fees associated with mediation and ensure it is within your budget.
Divorce mediation can be a great option for couples looking for an amicable resolution to their issues and wanting to keep the details of their divorce private. With the right mediator, you can reach a mutually beneficial agreement efficiently and cooperatively.
How Can We Help?
At PeacefulSplit® Divorce Mediation, Eric believes that Getting Divorced Should Not Be Expensive & Conflictual. Eric offers an affordable and peaceful approach to resolving your divorce. Eric possesses a unique background and has helped hundreds of spouses reach an affordable, mutually beneficial, and peaceful divorce settlement.
Reasons to Choose Us
Here are a few reasons to consider and choose Eric as your mediator:
- Affordable and accessible – DON’T waste your hard-earned money fighting for the sake of fighting. Eric offers a reasonable, predictable, and flat-rate fee of only $2,500!
- Experienced mediator – Eric is an experienced mediator with a deep understanding of family law and divorce.
- Peaceful approach – Eric believes in providing a more cooperative and peaceful environment for couples to resolve their divorce disputes.
- Confidentiality – All sessions are confidential so that you can keep your negotiations out of court and the public’s view.
- Compassionate and unbiased – Eric is compassionate, understanding, and unbiased to both parties.
Eric understands how difficult it can be to go through a divorce and is dedicated to helping you and your spouse peacefully divorce.
If you want to know more about Eric’s background, you can visit About Eric.
Frequently Asked Questions (FAQs)
While mediation is generally considered to be a positive and effective way of resolving disputes, there are some potential disadvantages to consider. For example, mediation may not be appropriate in cases where there is an active or past history of domestic violence or where one party is unwilling to negotiate in good faith.
The hardest part of mediation can vary depending on the specific case and the individuals involved. However, some common challenges during mediation include difficulty communicating effectively, strong emotions or biases that can cloud judgment, and a lack of trust between the parties.
Mediation is often described as a “win-win” solution since it aims to find a mutually agreeable solution that benefits all parties involved. However, it’s important to note that mediation may not always produce a perfect outcome for everyone. Instead, mediation aims to find a solution that everyone can live with and that addresses the underlying issues constructively.
Mediation can fail for various reasons, including a lack of trust or communication between the parties, a power imbalance that makes it difficult for one party to negotiate effectively, or a fundamental disagreement over the underlying issues.
Conclusion – The Benefits Of Divorce Mediation
Divorce mediation is a great resource for those looking for a less contentious way of ending their marriage. The benefits of divorce mediation can be seen in terms of cost, speed, control, privacy, and more.
All-in-all, couples who engage in divorce mediation often become better co-parents and help end their disputes peacefully and quickly. While the process has its challenges, they are usually manageable with a skilled mediator by your side.
Now that you know the eight benefits of divorce mediation, why not turn to PeacefulSplit® to start your journey? Eric is available anytime to speak with you and answer your questions. He dedicates himself to helping people like you negotiate a path forward that works for everyone involved.
You don’t have to go through this alone; get in touch with PeacefulSplit® today!