What Are the Advantages and Disadvantages of Divorce Mediation?

 Posted on February 22, 2023 in Divorce

Divorce can be one of the most difficult and stressful experiences you can go through. As you work to negotiate a settlement that will meet your needs, address the many ways your life is changing, and take steps to ensure that you will be treated fairly, the process of divorce can be emotionally draining. Fortunately, there are alternatives to traditional litigation in court, and divorce mediation is often the most beneficial option for everyone involved. By understanding the advantages and disadvantages of mediation, you can decide if this method is right for you.

What Is Divorce Mediation?

As you consider whether to use mediation, it is important to understand exactly what it entails. Divorce mediation is a voluntary process in which two divorcing spouses attempt to settle their differences with the help of a mediator. The mediator is an impartial third party who facilitates communication between the spouses and helps them work together to reach an agreement on all issues related to their divorce, such as child custody, division of assets and debts, spousal maintenance, etc. It is important to note that the mediator does not make decisions or provide legal advice; instead, they act as a facilitator by helping each spouse understand the other’s point of view while guiding the couple towards agreements they can both be satisfied with.

Advantages of Divorce Mediation

• Cost savings: One of the primary advantages of divorce mediation is that it will provide savings for both parties, especially when compared to traditional court proceedings. While you and your spouse will still be advised to hire separate attorneys, and you may need to pay some court fees during your case, splitting the costs of a single mediator will be much less expensive than paying for your attorneys to negotiate with each other, appear in multiple court hearings, and prepare for a trial. Since the mediation process is often much faster than litigation, it can help save a great deal of time and money in the long run.

• Control over your case's outcome: Divorce mediation will provide you and your spouse with more control over the outcome of your case than you would have in traditional court proceedings. If you leave decisions up to a judge and ask them to decide in favor of one party, neither of you may be fully satisfied with the outcome of the trial. However, with mediation, you can ensure that the final decisions will be acceptable to both parties. This means that you can work together with your spouse to come up with creative solutions that are tailored to your unique situation instead of having someone else decide for you.

• Less stress: Divorce mediation is cooperative rather than adversarial, and the process can be much easier due to its informal nature and relaxed atmosphere. You and your spouse will be able to communicate openly without feeling like you are being judged. The mediator will work to reduce hostility and help you focus on finding solutions rather than rehashing old arguments. This may help you get through the divorce process much more easily and ensure that you will be prepared to move forward successfully.

Potential Disadvantages of Divorce Mediation

Although there are many advantages associated with using divorce mediation, there are also some potential drawbacks. For mediation to be successful, both parties must be willing to cooperate and compromise. If one spouse refuses to negotiate in good faith, is not willing to budge from their positions, or continues to engage in arguments rather than trying to find workable solutions, mediation may not be productive. If there has been a power imbalance during the marriage, or if there has been any abuse that would make it difficult for one spouse to stand up for themselves, mediation may not be a helpful solution.

Contact Our Tarrant County Divorce Lawyer

Most of the time, mediation is a solution that will allow couples to complete the divorce process more easily, efficiently, and with less stress and conflict. If both spouses are willing to approach the mediation process in the spirit of cooperation, they can create a settlement that will be fair for both parties. The process can be especially helpful for divorcing parents, since it can help them lay the groundwork for future cooperation as they raise their children together. At Daniel R. Bacalis, P.C., we can help you determine whether mediation may be right for your situation, and by providing you with representation during the mediation process, we can make sure your rights and interests will be protected in the decisions you and your spouse make. To learn more about how we can help you resolve your legal issues effectively, contact our Hurst divorce attorney at 817-498-4105 and schedule a free consultation today.

Sources:

https://mediate.com/five-huge-benefits-of-choosing-mediation/

https://www.brides.com/what-is-divorce-mediation-and-how-does-it-work-1103259