Divorce Mediation, Litigation and Confidentiality
When you’re going through a divorce, the last thing you want is for anything about your situation to become public. It therefore makes sense that when you are thinking about different divorce options, your confidentiality should be taken into consideration. The questions become, then, if you decide to take your dispute to court, will your private laundry be aired out for everyone to hear or see? And, what about the information contained in public records?
You might not realize that during the divorce process, anyone has the right to sit in and listen to the courtroom proceedings. This can result in people you don’t want hearing about the private details of your marriage, such as your in-laws, being present the entire time. In fact, your spouse might just resort to such a tactic as a way to control or humiliate you. Additionally, the specifics of your divorce, such as the division of your property, will be made available to the public.
You might instead choose to go through divorce mediation if you want a more private setting when ending your marriage. During mediation, only you, your spouse and your mediator need hear the specifics of your dispute. You do not even need to have an attorney present, unless you believe your attorney will be able to represent your interests help you make informed decisions. The details discussed during mediation will remain between you, your spouse and the mediator, and are by strictly confidential.
There is also the issue of mediation sessions involving you and your spouse together, and private sessions between just you or your spouse and the mediator. What instances might prompt you meeting with your mediator in a private session without your spouse present? One instance is that you might have details to discuss with your mediator that you feel too embarrassed or intimidated to talk about with your spouse present. Another instance is that there may be one or two topics of dispute that you and your spouse are unable to come to terms with during a joint session, so your mediator might feel that he or she can make better progress by speaking with you individually. And yet another instance is that you may have certain settlement terms you wish to bring up without your spouse there, in order to discuss whether they are in your best interests or not.
It is important to remember that during private sessions, your mediator is not promising to keep the details of your discussion a secret from your spouse. On the contrary, the mediator will disclose anything said in private session that goes to the heart of you as well as your spouse making fully informed decisions. Whether private or joint, though, each session with your mediator is apt to help move your divorce forward so you can get on with your life.
