5 Reasons to Use Divorce Mediation Instead of Hiring a Lawyer

Many couples considering divorce choose mediation instead. The primary goal for a mediator is assisting both parties to reach a mutually satisfying agreement. The mediation specialist meets individually with each person and as a couple to develop a clear understanding of what both sides expect from the process. The documents they help create are tailored by the couple to meet their unique circumstances and requirements. Here are a few reasons to consider mediation.

1. Positive Effects on the Children

Mediation has many beneficial effects on the children who are also going through the divorce. Because mediation is less stressful than litigation, a more peaceful home life is felt during the conflict. Also, children benefit from observing cooperation between their parents, even when they disagree. Parental collaboration often results in joint custody which is also advantageous for the children to secure a continued future with both parents. A mediator can help couples retain more control over their children’s needs and interests than if they chose litigation.

2. Cost-Effective

One significant reason for selecting mediation is the cost. It is almost always more affordable than litigation. In fact, the average cost of divorce mediation is 40 to 60 percent cheaper than a divorce lawsuit. Both processes may require the involvement of individual experts such as real estate appraisers and accountants. However, there is just one mediator as opposed to two or more attorneys because mediation is concerned with both parties working together.

3. Encourages Creative Solutions

The mediation process encourages couples to brainstorm. The professionals help couples discover novel or specifically tailored approaches to resolving their individual situations. In the litigation process, an experienced family law judge applies a conventional standard to the issue but does not necessarily take into account the unique characteristics of the family. Mediation empowers you to negotiate agreeable resolutions but you are not required to follow what is suggested.

4. Non-Threatening and Informal

Professionals trained in mediation skills meet with couples in private conference rooms, which are more comfortable and relaxing than cold hallways at the local courthouse. Most people experience less anxiety during mediation sessions, something that is helpful to the negotiation process. They do not have to face the authority of the court or stand in front of a public and often crowded courtroom. The parties can work out their conflicts with a mediator in a relatively private setting with just the people who must be there.

5. Retain Confidentiality

Everything shared and created in mediation is confidential. Once the settlement is reached, it is filed in court. That means you can discuss matters during mediation that you might not want your neighbors and friends to know. With litigation, the courtroom is open to everyone, and the records are public knowledge.

You should be mindful that many issues for consideration during a divorce such as distribution of finances, child custody, use of the primary residence, and pensions have the potential to create a contentious atmosphere. A mediator has the skills to encourage positive communication between you and your spouse assuming you have a civil relationship with each other and are capable of expressing your thoughts, desires, and needs maturely.