Though marriage may feel like a social, romantic construct, it is actually a contract, and the only way to end a marriage is through a legal process. Depending on variables such as the financial status of each partner and whether the marriage involves children, this process can be extremely challenging and filled with animosity and arguments. One of the best ways to avoid exacerbating an already bad situation is to choose to work out the terms of the divorce through mediation rather than litigation. But is mediation the right choice for you? There are a lot of factors that will help you make that decision.
The first thing you need to understand in deciding whether to pursue mediation is that the process is entirely voluntary. It involves bringing a neutral party into your conversations to help you resolve thorny issues in a way that is considered both legal and fair for both.
The benefits of mediation are many, but the top one is that — when it is successful — it cuts down on argument and promotes working together. Mediation requires partners to work together to find a reasonable answer to each issue that needs to be addressed as the marriage is dissolved. For couples that have children, this is a particularly useful exercise, as they will need to maintain communications and work together as they continue being co-parents.
Beyond promoting communication, there are other benefits to mediation including avoiding the expense of litigating in court and being able to get through the process more quickly, without having to wait for the availability of a court date. These advantages have led to mediation being chosen by more and more divorcing couples, but it is important to remember that mediation is not a good fit for everybody. In order to be successful, both partners need to be willing to compromise and to negotiate in good faith. If anger, frustration or fear dominate the way that a couple interacts, then mediation is less to be successful.
If you are divorcing and believe that mediation would work well for you as a couple, we are happy to provide you with more information on pursuing that option. Contact us today to discuss your situation and set up an appointment for us to meet.
