People preparing for divorce often imagine a protracted, court-based process. They expect the entire process to play out in front of a judge, but there are other options.
Divorce litigation is easy to dramatize, so it dominates depictions of divorce proceedings in popular media. Additionally, the use of mediation and other alternative dispute resolution systems during divorce has only become relatively common in recent years. People whose only experience with divorce was witnessing the end of their parents’ marriages or what they’ve seen in movies may be unfamiliar with mediation as a means of resolving divorce disagreements.
Successful divorce mediation leads to uncontested divorce filings. There are many reasons that people choose to sit down with a mediator instead of litigating their divorces. The following are some of the benefits offered by divorce mediation.
1. Control over the settlement
State laws related to financial support, parental responsibilities and marital property division are open to interpretation. A variety of unique details may influence how a family law judge applies state statutes to family circumstances. People often feel unhappy with the outcome of litigated divorces. When they mediate, they have control over the terms that they set. They can work together to reach arrangements that they both agree are appropriate.
2. Enhanced privacy protections
Litigated divorces often force spouses to discuss very personal matters in a courtroom setting. Details about extramarital affairs, substance abuse and domestic violence can have a profound impact on the outcome of divorce proceedings. Therefore, people may need to explore matters that could cause permanent reputation damage to establish a reasonable divorce outcome. Unlike litigation, mediation is confidential. Any disclosures made in mediation are protected. Only the signed agreement at the end of the process becomes part of the public record.
3. Reduced relationship damage
The process of litigating divorce details can drastically worsen the relationship between the spouses. Particularly if they must share parental rights and responsibilities after the divorce, they may prefer to avoid protracted and acrimonious divorce disputes. Mediation requires that people work together, which can reduce the likelihood of spouses further damaging their dynamic as they end their marriage.
Provided that both people enter into the process in good faith, divorce mediation can lead to a more private and amicable divorce. Learning more about alternatives to litigation can help people choose the best options for their families.v