There are many ways for couples to pursue a divorce. Those who have already established a marital agreement may have a relatively easy time negotiating an uncontested divorce.
Others may have a much more difficult time settling matters related to financial support, parental responsibilities and property division. Litigation is common in cases where couples can’t agree on key elements of a divorce. However, litigation isn’t automatic or necessary. Couples can potentially settle their divorce disputes outside of court. They can achieve this by negotiating with each other or attempting alternative dispute resolution systems.
Mediation is one of the most popular alternative dispute resolution options, and for good reason. Mediation offers a variety of benefits for those hoping to pursue a low-conflict divorce. What are some of the most compelling and universal benefits derived from divorce mediation?
1. Enhanced privacy
Spouses usually have to disclose financial details to the courts and to one another. Some of that information can even become public record.
Couples sometimes also need to discuss various types of marital misconduct, ranging from abuse and infidelity to wasteful spending. Addressing those concerns in mediation can protect couples by ensuring confidentiality while still allowing them to discuss matters that could have a major impact on the outcome of their divorce proceedings.
2. Reduced conflict
In a litigated divorce scenario, the level of conflict tends to slowly increase as the spouses prepare for divorce. They employ an adversarial approach to the process that involves them viewing each other as enemies. That mentality can lead to more conflicts during the divorce and difficulty relating to one another afterward.
Couples who have to work cooperatively in mediation may maintain a healthier attitude toward one another. They may even be able to improve their dynamic by communicating effectively in mediation agreements.
3. Better control over the outcome
During divorce litigation, a judge applies state law to family circumstances. They review the information the spouses provide about family circumstances and finances. They then decide how to divide property and parental rights.
If mediation is successful, couples can enter into a binding agreement that includes the exact terms they set. They have total control over the outcome of the terms and can focus on achieving the terms that matter the most to them.
Seeking legal guidance can help those hoping to limit conflict in an upcoming divorce when reviewing their circumstances and determining if mediation is a viable option given their situation. Learning more about alternative approaches to divorce, including divorce mediation, can be helpful for those who believe that their marriage is on the cusp of dissolution.