Why mediation works for divorce

On Behalf of | Mar 20, 2020 | Family law

Divorce can be a stressful experience full of conflict. Divorcing parties are not necessarily always inclined to agree on things during this emotional time. Sometimes, mediation, instead of litigation, may offer a path forward.

Mediation is a type of alternate dispute resolution that focuses on compromise. Mediators can sometimes be each party’s attorney, but many people agree on a third party to help. The mediator’s job is to guide the disputing parties toward a resolution — one on which they both agree.

The benefits of mediation

Mediation can be voluntary, but sometimes a judge may rule for it. However two parties come to mediation, it can provide several benefits:

  • Decide for yourself: Mediation allows two parties to design and agree to a mutual resolution. When two parties find a common middle ground, they are more inclined to hold up their end of the bargain.
  • Confidentiality: Court cases are matters of public record and susceptible for use in future lawsuits. In nearly all mediation cases, everything said by parties is confidential.
  • Faster resolutions: For two parties motivated toward resolution, mediation may only take up to a few hours.
  • Direct communication: Mediation necessitates that two parties speak directly to each other in pursuit of a compromise. A good mediator will facilitate this conversation, helping each party empathize with the other and guide them toward a mutually beneficial resolution.
  • Free up the courts: An indirect benefit, mediation frees up a court’s schedule to accommodate charges with higher stakes. It is not uncommon for a judge to rule for mediation on this basis.

Choose what is best for the family

Disputing parties who are both motivated to use mediation tend to find the most success. If this is not possible, the case may return to litigation. In all circumstances, divorcing couples find more success by securing the services of an attorney experienced with family law. Divorcing parties may wish to spend their energy working on dividing assets and caring for children, a lawyer will handle all paperwork and logistics with consideration and care.