When a marriage is no longer working, the couple may choose to dissolve the marriage through divorce. Traditional divorce can be a stressful and emotionally charged process that leads to bitter disputes and costly legal battles. Alternative to a legal-battle approach, seeking mediation and compromise can offer many benefits to the divorce process:
1. Mediation allows the couple to maintain control over the outcome of their divorce. In a court proceeding, a judge will meet the final decisions, which may not be favorable to either party. However, in mediation, the couple can work together to reach a mutually acceptable agreement that meets their unique needs and circumstances.
2. Mediation can save time and money. Court proceedings can drag on for months or even years, resulting in sizeable legal fees and expenses. In contrast, mediation can be completed in a matter of weeks or months, resulting in a significant cost savings. For clarity, there is a cost to the mediation process, but by reaching a quicker resolution and avoiding numerous legal battles, the costs are often significantly less than if the matter were to proceed to trial.
3. Mediation can reduce the emotional toll of divorce. Divorce is a stressful and emotional process, and court proceedings can exacerbate these feelings. Mediation, on the other hand, provides a less confrontational environment that can help reduce stress and anxiety.
4. Mediation can result in a more amicable post-divorce relationship with the other parent/partner. When a couple goes through a bitter and contentious divorce, it can be difficult to move on and maintain a co-parenting relationship. But, when a couple works together through the mediation process, they are more likely to maintain a positive relationship after the divorce is finalized. Positive co-parenting relationships facilitate a more collaborative environment for future child related decisions to be made, focusing on the child's need rather than the parents' animosity.
5. Mediation is a private process. Court proceedings are a matter of public record, which means that personal and financial details become part of the public record. In contrast, mediation is a confidential process that allows the couple to keep their personal matters and finances private.
In conclusion, seeking mediation and compromise to resolve a dissolution of marriage action can offer many benefits. Mediation can help the couple maintain control over the outcome of their divorce, save time and money, reduce the emotional toll, result in a more amicable post-divorce relationship, and provide privacy through the process. Therefore, couples going through a divorce should consider mediation as a viable option for resolving their disputes.
Blog post content by Castle Law LLC lawyer Jason Castle.
Jason Castle is a family lawyer who specializes in high-conflict cases. He's also a former prosecutor & social worker. Hear his latest divorce thoughts!