The goal of mediation is to use the assistance of a neutral third party to help parties reach agreements on contested issues. It can be effectively used in the context of divorce to help couples resolve divorce-related disputes and save time, money and acrimony during the divorce process. The option to mediate a divorce, rather than litigate a divorce, can be beneficial for many coupes entering the divorce process.
Litigating a divorce can be stressful and while couples are always encouraged to reach settlement agreements concerning as many divorce-related issues as possible, they may be able to use some help on occasion. Some couples and situations, however, may be more suitable for the mediation format. Having informed guidance to help understand what the process entails and how to successfully mediate a divorce is useful for couples to understand. It is important to keep in mind that any divorce issue, though, can become contentious.
Mediators can help the divorcing couple create solutions that are more specialized rather than a one-size-fits all approach. Mediators do not make decisions for the parties but help them reach mutually agreed upon solutions to child custody concerns and concerns related to division of property, how the family home will be used following the divorce, pensions and other divorce-related issues that can sometimes become tense. Because mediation is a more peaceful process, it is generally also better for children and can lead to child custody arrangements that better meet the needs of the family and benefit the children.
Even when the couple is able to address some issues but not others through the mediation process, time, money and acrimony will likely be saved. It is beneficial for couples to understand the divorce mediation process to determine if it can be a helpful divorce alternative for them.
Source: American Bar Association, “Benefits of Mediation in Divorce Cases,” Accessed Nov. 21, 2016
