A divorce is often synonymous with stress. The closer a person’s divorce case gets to court, the more powerless and helpless they tend to feel. Court is time consuming, expensive, and a judge decides the final outcome rather than the individuals going through the divorce. However, it is quite possible for the parties involved to have control over the process through divorce mediation.
Divorce mediation provides an opportunity for both parties to work with a divorce mediator to resolve all disputes outside of a courtroom setting. The mediation process enables parties to work together without having to fear the pressure of litigation. Since divorce mediation takes place outside the courtroom, the environment is less formal and therefore less stressful. It enables the opportunity to hear out alternative dispute resolution ideas and consider them as viable options.
Divorce mediation cannot force the parties to do something or give up something. They cannot be ordered to do a specific action nor can they be compelled. As a dispute resolution model, divorce mediation can be quite successful when the parties look to reach a mutual agreement between each other. Therefore, both parties need to be willing and the divorce mediator mush be trained in the art of conflict resolution so they carry around a number of skills, including negotiation, a comprehensive understanding of legal divorce proceedings, and the ability to work with any human dynamic. A divorce mediator has the unique ability to encourage parties to start thinking outside the box and show them the best possible way to approach the divorce and work amicably. The mediator is a neutral third party representative and does not provide any legal counsel nor tell the parties what they should do.
There are a number of other advantages as well. There is much less stress as it is more likely a fair outcome will be reached. It is much less expensive than having to battle out a divorce in the courtroom. Divorce mediation is also extremely time efficient. Most divorce mediations can be completed in less than 90 days. Sometimes it can take years to finalize a divorce through the court system, resulting in extremely high legal fees, not to mention increased stress and the inability to move forward with one’s life.
Many like divorce negotiation because it is controlled. In a courtroom, the judge makes all the decisions and there is no guarantee that either party will like the outcome. In divorce mediation, both parties are able to have a say, negotiate as well as make a compromise for the best possible outcome. Divorce mediation is also good for any children that are involved. Mediation greatly minimized the overall impact on the children as both parties work together keeping the best interest of the children in mind. Mediators can assist in making the transition to co-parenting from married family much easier and smoother.
Lastly, divorce mediation is focused on the future. Mediation can assist in setting the stage for any future interactions. It is more likely that both parties will be willing to be collaborative in finding a solution in the future if they were mutually able to do so in the beginning via mediation.