Mediation is an alternative to court litigation, and many couples choose this method when going through a divorce. Not only is it less expensive and quicker than litigation, but it has numerous other advantages.
Couples get the most out of mediation when they understand how it works and how to prepare. There are also situations in which it may not be the best option.
How mediation works
FindLaw explains that a mediator leads discussions between the two parties with the goal of coming up with a fair divorce agreement. The mediator is neutral and guides conversations. If the two sides are having difficulty coming up with a decision, the mediator may offer alternative solutions. He or she also has conflict resolution skills.
Along with creating an equitable agreement, the goals of mediation are to minimize hostility between the two parties and avoid the stress and expense that usually comes with litigation. Mediation often occurs over a series of sessions. The mediator will inform each party as to the topics of discussion in each session so that they can gather the relevant information and come prepared.
Benefits of mediation
Along with saving money and time, some of the benefits of mediation include:
- Fairer custody agreement that is in the best interest of the child
- Protects children from conflicts between the parents
- Better communication between the two parties post-divorce
- The two parties have control over the outcome
The Harvard Law School Program on Negotiation discusses that divorce agreements determined via mediation also tend to be of higher quality, as they are comprehensive, fair and clear.
Contraindications to mediation
Although mediation is beneficial and a good choice for many divorcing couples, there are situations in which other options are better. Some of these circumstances include if one partner is not forthcoming with all assets, one partner is a bully, there is abuse in the relationship or neither side is willing to communicate or negotiate.