Why Choose Mediation
Control the Process
Since mediators do not have any control over the outcome of mediation, you and your partner will retain full control over any resolutions or agreements that are formed. Rather, the mediator will just be there to help you and your partner explore creative solutions to the disputes that are preventing you from finalizing your divorce. In other forms of adversarial divorce, a third party may be in control over an outcome that you will be bound by law to obey.
Build Agreements that You Both Can Keep
Whatever agreement that you and your partner reach during mediation, its terms will be mutually acceptable in nature. With that in mind, divorce agreements that are achieved through mediation are often easier to maintain than those of adversarial divorce for the simple fact that they are chosen, not dictated. Since you and your partner will both be taking ownership of the agreement, there is a better chance that the agreement will still work for you and your family long after you sign it.
Separate Issues from Emotions
The emotional stress of divorce will be unlike anything else, especially when children are involved. With just about every aspect of your life about to change, your relationship with your partner may be more complex than ever. While mediation will still be difficult for you and your partner to work through, you will both have the opportunity to openly express how you feel. By doing so, it often becomes easier for couples to separate their disputes from their respective emotional responses.
Protect Your Children
Though your divorce may be in the best interest of your children in the long run, the immediate effects of divorce can be difficult for children. If you and your partner are able to reach a custody agreement that works for both of you, the transition for your children will probably be much easier than it would after any other form of adversarial divorce. Moreover, since your custody and support agreements will not be dictated by the court, you and your partner may choose to modify them to fit your child’s needs without court involvement.
Time Efficient, Cost Effective
Whereas many forms of adversarial divorce may take over a year to resolve, mediated divorces are usually resolved within a couple of months. Therefore, while you will still need legal representation during mediation, it will be far less expensive than a litigated divorce would be for you and your partner.
Unless you and your partner agree that it should be otherwise, everything that happens during mediation must be kept confidential by all parties involved. This is in stark contrast to litigated divorces, in which everything that is said automatically becomes part of public record.