Mediation as part of the divorce process may be an important option to consider. Mediated divorce settlements can cost half as much and take half as much time. It is important to keep in mind that most divorces end in a settlement anyway. The process of arriving at a mediated settlement often involves more negotiation between the parties than between the lawyers which is more the case in the court setting. A mediator is able to provide the parties with the law on various matters so they can take that into account while negotiating potential disputes. One expert has seen ninety percent of mediations end in a settlement
Through the process of divorce, there will likely be many divorce issues to resolve such as property division, spousal support, child support and child custody. Each of these issues can potentially lead to disputes. That is why divorcing couples are often advised that working together to resolve as many divorce issues as possible is better because it can lead to less emotional stress and financial stress through agreed-upon outcomes.
Working together also gives the couple more control over the outcome. When parties are unable to agree, the court will step in to make necessary determinations for the divorcing couple. Mediation allows the couple to learn of possible creative solutions to problems divorcing couples commonly face. Whether parties use divorce mediation or not to reach a settlement agreement, the divorce process is an agreement-based process and the more the couple is able to avoid common disputes the better it is for the couple.
The divorce process requires that parties seek resolutions all parties can live with. At times, mediation may be a desirable option to help the parties more easily reach a settlement agreement.
Source: Buffalo Business First, “Mediation on rise in matrimonial cases,” Michael Petro, June 17, 2014
