The Pros And Cons Of Divorce Mediation

The primary benefit of divorce mediation is that you, and your children’s future, will be in control of the process rather than a stranger, the judge. Other benefits consist of:

Decreasing the quantity of matters that require judicial resolution, or doing away with them entirely. There’s no need for a court to arbitrate disputes on your behalf because you handle the job in mediation and get to mutually acceptable conclusions.

less expensive than a conventional divorce. Generally speaking, mediation is a quicker and more effective process than litigation, which can be far more costly and time-consuming.

Minimizing psychological harm to all those concerned. In contrast to divorce litigation, mediation tends to lessen the sentiments of rage, powerlessness, and hopelessness that are frequently felt by both parties by empowering them to settle any concerns themselves.

Providing advice on how to resolve divorce-related concerns. The divorcing parties’ ability to make decisions is essentially taken away by court litigation. Through mediation, they are equipped to make the decisions for themselves.

taking less time than a divorce that is disputed. Depending on the court’s timetable, litigation is frequently a protracted, tense, and unpleasant procedure. In general, mediation is more rapid and effective.

More seclusion. There is typically no record of a mediation process, even though the majority of court records are accessible to the public.

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Cons Of Mediation For Divorce

Divorce mediation is not always the best option, despite its advantages. A few potential drawbacks to be aware of are:

  • There is no attorney-client privilege in place if the divorce mediator is not an attorney.
  • Legal counsel cannot be given by mediators in divorce.
  • Not all divorces can be settled for the least amount of money via mediation.
  • Couples with a history of domestic violence or power imbalances should not pursue divorce mediation.
  • Mediation may not work for couples who have trouble compromising and communicating.
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