A Hollywood Couple Leading by Example Through Divorce

Ben Affleck & Jennifer Garner Choose Divorce Mediation

When Ben Affleck and Jennifer Garner announced their plans to divorce after 10 years of marriage, it shocked everyone. Their marriage didn’t seem as if it was in trouble, and they made the announcement right after their anniversary. What’s interesting about their breakup is that they plan to use divorce mediation to work out the arrangements of the separation. They hope that it will be less contentious for their three children, who they are Coparenting even as they proceed with the divorce.

 What Is Mediation?

With divorce mediation, the two parties work with an unbiased, impartial third party to resolve the issues in the divorce. The mediator involved speaks with both individuals, sometimes together and sometimes separate to see how they can be brought together to find a solution to child custody, spousal support, visitation, and property division. All of this is handled in a confidential environment, so that your “dirty laundry” isn’t aired in a courtroom battle. The final agreement is submitted to the court with your paperwork for your divorce. What is said before the agreement is reached remains private.

Benefits of Mediation

One of the biggest benefits with this type of agreement is that you and your spouse work out an arrangement that fits your family. If you can’t do this, the judge, who doesn’t know you and your children, makes the decisions. Every family is unique, and the court won’t necessarily look at your situation, but at general guidelines set up by the law.

Another benefit of working with a mediator is that it typically costs much less than if each of you hired an attorney to go back and forth to make these decisions. You can still have your own attorney look through your documents before they are submitted, and you can also get your lawyer to advise you in negotiations. But the lawyers aren’t the ones who find the resolution, you and your spouse are.

Is Mediation for Your Situation?

If you and your spouse are having difficulty communicating in your marriage, you may think that divorce mediation won’t work. Actually, your mediator can help you learn better methods of communication that will benefit your family outside of the divorce proceedings. This is particularly the case when the mediator has backgrounds in both law and psychology. It is a viable solution for many couples and keeps the contention out of the home. Affleck and Garner have the right idea. Instead of turning their separation into The War of the Roses, they’re making every attempt to maintain a good relationship and work together so that their kids can grow up healthy and happy in an atmosphere of peace. This is a couple who are leading well.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster