Alternative dispute resolution options can be beneficial for those contemplating divorce. Spouses may want to find ways to cooperate with one another at the end of a marriage instead of litigating and fighting over the terms of a divorce.
Mediation is one of the ways that couples can settle their disagreements related to property division and parenting matters. During divorce mediation, the spouses sit down with a neutral professional to discuss the situation and their expectations for the divorce. Mediation can help spouses work out arrangements that they find mutually agreeable for their divorces.
Virtually any divorcing couples might benefit from mediation, but those in one of the three circumstances below may derive more benefit from mediation than the average couple.
Parents with young children
Conflict between parents has a tendency to be particularly damaging for children during divorce. The children may experience more emotional consequences when they witness their parents fighting constantly and disparaging one another. Parents who work together through mediation can limit their overall level of conflict and even improve their parenting dynamic. They also eliminate the possibility of the children needing to testify about their preferences regarding custody during litigation, which can reduce the stress their children feel related to the divorce.
Couples concerned about privacy
Perhaps one of the spouses is a local high school principal. Maybe they hold a state political office. There are many scenarios in which divorce has the potential to embarrass an individual and damage their reputation. The confidentiality provided by divorce mediation allows couples to discuss deeply personal and potentially embarrassing issues in a private setting. They can reach an appropriate divorce settlement without needing to share their concerns in open court.
Spouses with unique goals
Some people prepare for divorce with a specific goal in mind. They feel strongly about keeping the marital home or protecting their professional practice. When people litigate divorce matters, a judge has the final say on everything from financial support and property distribution to parental responsibilities. In a mediated divorce scenario, spouses have the option of prioritizing the terms that are the most important to them. They can potentially negotiate an arrangement in which they secure their personal objectives and make concessions on other matters. When having control over the outcome is critical, mediation is often a better option than litigation.
Mediation can also be beneficial for those who want to control divorce costs, speed up the divorce timeline or maintain an amicable relationship with their spouses. Committing to alternative dispute resolution during divorce could be a beneficial decision for people in a broad range of different situations.
