Divorce Mediation

According to Wikipedia, “Mediation” is a form of alternative dispute resolution who aims to assist two or more disputants in reaching an agreement. When it comes to a divorce, most people choose to go to court. Mediation feels like a new idea in most parts of the country, but it’s slowly becoming acknowledged and accepted. In this article we’ll try to give a comprehensible definition of mediation, explain how it works and what its benefits and drawbacks are.

Mediation is a non-binding process of dispute resolution that involves a trained and objective third party, called the mediator. The mediator works with both sides of the dispute in an informal manner, in an effort to solve the couple’s problems. The issues that are discussed during mediation are usually custody, child support, spousal support and matrimonial assets. These are delicate matters and couples might find themselves unable to resolve them without outside intervention. By hiring a mediator the separating or divorcing couples get the change to plan their own future and make joint decisions.  Mediation can be useful when trying to save your marriage, or when the divorce is imminent, save thousands of dollars and time.

The mediator’s job is to act as an intermediary and offer opinions and make suggestions and not to force an agreement between the two. Being in an informal environment the couples feel more at ease as they would in a court, and are more willing to get to a reasonable agreement.

Advantages of Mediation:

• Saves time and money. The average mediated divorce takes not more than 2 months and costs around 2400$. The average divorce in court, takes more than a year and it costs the couple a considerable amount of money. By choosing the mediate a divorce, a couple saves plenty of money on attorney fees and other expenses, plus takes care of the matter in only a couple of month and avoids long litigation.

• It’s fair to both parties. The divorce judge has to enforce the law, while the mediator has no interest in the outcome of the process. The only purpose of the mediated divorce is to help the people involved reach a mutual agreement that is satisfactory for both spouses.
• Mediation is confidential. Mediation is not a public court process. The divorcing spouses don’t have to worry about their privacy. All the documents and notes taken by the mediator are strictly confidential and will not be used by third parties.
• It’s an informal process. Going to court and having to answer to a judge can be intimidating. There are certain rules of procedures and a rigid schedule you have to take into consideration. During a mediated divorce both participants sit at the same table in their own time and discuss their problems, acknowledge their feelings and work together. The best part is that they can still be friends after the mediation is over.
• Higher satisfaction. People who choose divorce mediation are happier with the outcome because they get to decide. Most mediations end in agreement and have higher rates of compliance.

Mediation drawbacks

• The decision is not binding. This means that both parties will have to willingly respect the decisions they made during the mediation process. If that doesn’t happen, they will have to go to court in order to get a final and binding decision.
• The outcome depends on the skill of the mediator. An unprofessional or unskilled mediator won’t be able to make the couple reach an agreement and might do more damage then help, on the long run.

Finally, before moving forward with any divorce, we implore you to exhaust all possible chances for reconciliation.  Divorce is an ugly and difficult process, and if you are still on the fence about your decision, do yourself a favor and pick up the best guide out there right now, SaveMyMarriageToday.

Mediation has its pluses and negatives, but I believe most think at this point, the good far outweighs the bad.   If you are considering mediation, or are a man looking for additional advice or help in this process, we recommend the Divorced Dads Survival Guide as the best piece of work out there on the topic of a man going through a divorce.