Divorce is commonly viewed as a bitter and acrimonious process where two people battle it out in the courtroom, each striving to win on issues relating to asset division, child custody, spousal support and more. However, in reality, this is not always the case.
In recent years, family law has paved the way for couples to divorce in more amicable ways, including options like ‘no-fault’ or uncontested divorces, as well as collaborative divorce paths. Another popular method of divorce today is through a form of alternative dispute resolution (ADR), known as mediation.
According to recent statistics, approximately 80% of couples who choose mediation can reach an amicable settlement agreement, allowing them to avoid costly and drawn-out litigation. In this article, we will consider some of the advantages of mediation as a pathway for divorce.
Time Efficient
Mediation typically takes couples less time to finalize their divorce compared to other divorce methods such as litigation. As the parties have agreed to work together to reach an agreement on the terms of their divorce they can avoid the need to schedule court dates and hire attorneys to represent them in court. This can save a considerable amount of time and provide them with the freedom to undertake divorce proceedings on their timeline rather than waiting for court hearings.
Cost-Effective
The uncontested nature of mediation means that the parties are open to reaching a mutually agreeable solution without the need for separate legal representation. Instead, a divorce mediator, such as one of Freed Marcroft’s nationally renowned divorce mediators, can help them navigate the process and ensure their interests are addressed in a fair and balanced manner. As a result, couples can avoid many of the costs associated with divorce proceedings such as lawyer’s fees, court fees and other expenses related to prolonged litigation.
Confidentiality
Unlike litigation, where details relating to the breakdown of a marriage, financial affairs and other personal matters are publicly exposed in a courtroom, mediation offers couples a confidential pathway to divorce. This can provide parties peace of mind, knowing that their private lives and any sensitive information will remain within the four walls of their mediation room.
Less Stress
Parties who agree to family mediation do so with a mindset geared toward reaching a resolution. As a result, they are more willing to cooperate with one another, rather than engage in hostilities. This approach is far more conducive to a stress-free divorce compared to other more adversarial routes.
Greater Decision-Making Power
Mediation involves both parties agreeing on key terms of their divorce such as the division of marital assets, child visitation rights and alimony arrangements. This empowers the parties to make decisions about these matters themselves rather than leaving the outcome in the hands of a judge.
In addition to greater decision-making power, mediation also gives parties greater say over the timing of their divorce as they are not constrained by court calendars and workloads which dictate when they need to appear in court.
Mediation presents many benefits for divorcing parties who are willing to work together with a neutral third party to reach a mutually agreeable resolution to their divorce.
