3 scenarios where divorce mediation may be the best option
Mediation is a form of alternative dispute resolution. Parties who cannot agree on how to resolve a conflict sit down with a neutral professional to try to find a way to compromise.
Divorce mediation has become relatively commonplace in recent years. Many couples try to resolve their issues outside of court and proceed with uncontested divorce filings.
There are numerous scenarios in which mediation may be a better option than litigation, including the three common situations briefly outlined below.
1. There are children in the home
Divorcing parents have more issues to resolve than many other couples. They have to address practical and financial matters related to their children in addition to property division. There are more opportunities for conflict, which translates to a more acrimonious divorce process in many cases.
Unfortunately, higher levels of conflict often lead to more trauma for the children. Divorcing parents may want to consider mediation as a way of limiting conflict, protecting their children and repairing their damaged dynamic.
2. The spouses share complex resources
Property division matters can often become a sticking point during divorce, particularly when spouses have high-value and complex property. Businesses, real estate and investments are among the assets that can be difficult to address effectively during divorce negotiations.
Spouses may find that judges struggle to properly address those assets as well. Mediation gives people control over the outcome, allowing them to create appropriate property division settlements for complex marital estates.
3. The divorce relates to misconduct
Frequently, one spouse chooses to divorce because of the bad behavior of the other. In such cases, spouses may need to address those issues to reach a reasonable settlement.
People may not want to discuss abuse, addiction or adultery in open court. Mediation provides a confidential environment in which spouses can discuss the issues that led to the divorce and how those circumstances should influence the terms that they set.
Discussing the possibility of divorce mediation can help empower people as they prepare for divorce. A mediated divorce can be faster and more cost-effective than litigation. People who understand the benefits of mediation may more effectively evaluate how to proceed when they divorce.
