With all the stress that already accompanies a divorce, the addition of painful, heated courtroom drama can feel overwhelming. Fortunately, mediation might be an appropriate option if you and your spouse are willing to work together to come to a more satisfactory settlement for both you and your children. Although the positive aspects of mediation are appealing at first, it is important to consider several factors before choosing to take this route over litigation.
The Pros
First, consider everything good that can come from mediation. This process differs greatly from a court hearing in several ways as shown by the following scenarios:
- A Collaborative Solution: If you and your spouse were to take your divorce to court, the terms of your separation would be subject to harsh legal interpretations of your relationship. This can affect the division of property and assets, child support, or parenting time and often leads to one or both parties unhappy with the result. If this is one of your primary concerns, mediate so that you can cooperate and compromise in a way that benefits you both.
- Less Expensive: Mediation involves you, your spouse, and a mediator with the appropriate training from the state. Although this will still cost you, it will only be a fraction of what you would both end up paying in legal fees for your attorneys.
- Neutrality: Per state law, the mediator is not allowed to pass judgments on either you or your spouse and cannot take sides in any way, allowing both of you to work out a solution as amicably as possible. With lawyers at play, the heated discussions could ruin the chances of you and your spouse maintaining any sort of positive relationship after the divorce proceedings.
The Cons
Although mediation can do a lot of good, it can pose a few risks in certain situations. Consider the following before you decide to begin your divorce with mediation:
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