Mediation- Take Control of Your Divorce
There are many ways to be represented in a divorce. Representing yourself, traditional attorney to attorney, and mediation. Each choice will vary on your unique circumstances. As a CDFA(Certified Divorce Financial Analyst) , I help couples through the financial aspects of a divorce. Mediation in divorce offers several benefits for couples who are looking to separate amicably and reach mutually agreeable resolutions.
Here are some key advantages of using mediation in divorce:
Control and Autonomy
Mediation allows divorcing couples to maintain control over the decision-making process. Unlike litigation, where a judge makes the final decisions, mediation empowers the couple to work together and find solutions that best suit their unique circumstances. This control can lead to more satisfying outcomes for both parties.
Cost-Effectiveness
Mediation tends to be more cost-effective compared to traditional divorce proceedings. Since mediation involves only one mediator rather than two separate attorneys, the overall legal fees can be significantly reduced. Additionally, the process is usually faster, which can further save on expenses. Reduced Conflict and Improved Communication Mediation focuses on open communication and cooperation between the divorcing parties. The mediator facilitates constructive dialogue, ensuring that both individuals have an opportunity to express their concerns, needs, and desires. This process often leads to improved communication skills and a reduction in conflict, fostering a more positive post-divorce relationship, which can be particularly beneficial when children are involved.
Preservation of Relationships
Divorce can strain relationships, especially when children are involved. Mediation offers a non-adversarial approach that aims to preserve relationships to the extent possible. By working together to find mutually acceptable solutions, mediation can help minimize animosity and foster a more amicable post-divorce relationship. Customized Solutions Mediation allows couples to tailor solutions to their specific needs and interests. Instead of relying on rigid legal guidelines, couples can create flexible and creative arrangements that address their unique circumstances. This flexibility can lead to more sustainable and mutually beneficial agreements. Confidentiality Mediation proceedings are confidential, which means that sensitive issues discussed during the sessions are not part of the public record. This can provide a safe and private environment for open and honest discussions, allowing couples to address their concerns without fear of public exposure.
Faster Resolution
Mediation typically takes less time compared to a litigated divorce. Since couples work directly with the mediator to negotiate and resolve their issues, there is often less waiting time for court dates and fewer delays associated with the legal process. This expediency can help couples move forward with their lives more quickly.
Couples ask, can we still seek advice from an attorney. The answer is YES. I advise all couples to review their settlement with an attorney. In most cases the mediator is an attorney, although they must stay neutral, they understand the laws in your state. Getting a few hours of an attorneys time will be less expensive than paying them to negotiate your settlement. Speaking of settlement, who would rather have negotiating for you? You or emails going back and forth between attorneys. My clients going through mediation do feel more heard and much more a part of the negotiation.
It’s important to note that mediation may not be suitable for all divorcing couples, especially in cases of abuse, extreme power imbalances, or when one party is unwilling to negotiate in good faith. In such situations, it’s advisable to consult with an attorney to explore alternative options.
Working with a CDFA and a Mediator gives you more control, flexibility, and less expense which in the end will provide a kinder, gentler, more affordable divorce.