Divorce mediation is a popular way to negotiate a settlement in a divorce case. In divorce mediation, you and your spouse, and lawyers for each of you if you are represented, hire a neutral third party, known as a mediator. They meet with you and help you to resolve issues in your divorce. The mediator does not make decisions but serves to help create a conversation around settlement as you and your spouse work out a resolution.
Here we explain the pros and cons of divorce mediation:
Divorce Mediation Pros
- You and your spouse have more control over the divorce process and outcome
- Costs less than traditional/litigated divorce in court
- Can participate whether you are represented by an attorney or not
- Promotes open communication for a cooperative decision-making process
- Reduces post-divorce litigation
- The process is informal and voluntary
- No battling in court
- Keeps your divorce matters private
- Spouses usually share the cost of mediation
- You determine the issues and the timeframe to address those issues
- You can still fall back on the court process to finalize your divorce if mediation fails
- Often a faster process than traditional divorce
- Less stress since you aren’t fighting in court
- Healthier divorce for children and everyone involved
Divorce Mediation Cons
- A mediator cannot give either spouse legal advice
- If you are unrepresented, you don’t have anyone advising you or looking out for your best interests
- Unless you consult with an attorney, uou don’t have anyone to review the divorce agreement before signing
- Either party can withdraw from mediation at any time
- Not appropriate for most cases involving domestic violence or drug abuse
- If mediation is unsuccessful, you may still end up in court
- No formal rules and no discovery process
- The mediation process fails if parties cannot cooperate or compromise
- You may end up feeling like you agreed to an unfair settlement
Lawyers In Divorce Mediation
Many people choose mediation for the very reason that the parties are not required to be represented by counsel in order to participate. If the other spouse is represented and you are not, you may feel that the process is “less fair” even though the mediator’s job is to provide neutral assistance. If you are afraid that you will get tongue-tied or feel less empowered by attending mediation alone, having a lawyer may help you to feel more confident.
Divorce Mediation vs Collaborative Divorce
If you feel like mediation isn’t the right option for your situation but you want to divorce out of court, collaborative divorce might be right for you. You will each have your own collaborative lawyer looking out for your best interests while helping to promote an outcome that is beneficial for the entire family.
- “Pros and Cons of Divorce Mediation over Court.” The Martin Law Firm, 11 Sept. 2019, https://jbmartinlaw.com/pros-and-cons-of-divorce-mediation-over-court/.
- Hg.org, https://www.hg.org/legal-articles/should-we-try-divorce-mediation-the-pros-and-cons-42431.
- “Pros and Cons of Divorce Mediation: Mediation Process: Los Angeles.” Custody Mediation Los Angeles, Family Law Mediation, https://peace-talks.com/proscons.php.
- Divorce Mediation Guide
- Collaborative vs. mediation, the differences are important
- How to remain calm during divorce mediation
Speak with Our Divorce Mediators In Arizona Today!
While the divorce mediation process is not for everyone, this process can save you money, stress, and hassle. Speak with a divorce mediator to find out if divorce mediation is right for your family. Many of the professionals on BestLegalChoices.com are also divorce mediators and can provide you with a great deal of information about your options.
COLLABORATIVE DIVORCE IS ANOTHER PEACEFUL DIVORCE OPTION
Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legal, financial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.
Judy Morse has been helping families resolve their questions about parenting time, legal decision making, and their finances and assets with her Collaborative Practice since 2006. The founder of Judith A. Morse, P.C., now known as Morse Law Group, Judith A. Morse has been practicing law for more than 32 years.