The Pros & Cons of Divorce Mediation
Now more popular than ever, people are considering divorce mediation as a positive alternative to litigation. Everyone has heard horror stories of how divorces can drag on, bring out the worst in two people, and overall create an incredibly negative environment. This is why mediation serves as another option for exes looking to avoid the courtroom battles and painful situations divorce usually attracts.
In mediation, a neutral third party leads a problem-solving discussion rather than an argument which involves finger pointing and yelling. Both parties sit with their respective lawyers and the mediator and attempt to negotiate the resolution of issues in your divorce. These conversations can include finances, assets, child custody, and more. The mediator takes the role of facilitator and the open discussion allows you and your ex-spouse to have an honest conversation about your finances, assets, children, and more.
The following are pros to opting for divorce mediation as opposed to litigation:
- Cost – Settlements are often decided upon faster, which means costs are significantly reduced. Sometimes, the costs of mediation can be much cheaper than a regular divorce process. This alone is why many people choose mediation over litigation.
- Speed – The courts are oversaturated with cases, but mediation allows you to manage your own schedule, thus saving you ample time.
- Confidential – Mediation sessions take place in a private room as opposed to a courtroom.
- Control – Possibly the most important part of mediation is that both parties have control. A judge isn’t going to decide the outcome for you, and both you and your ex-spouse can work together to reach an agreement. There are no “winners” and “losers” in a mediation divorce, because there are far more options for creating a positive outcome both parties are happy with.
- Success – Simply put, success rates are higher with mediation than with litigation.
Though mediation is a wonderful alternative for those who have an amicable relationship with their ex-spouse, there are some instances in which it may not be the best decision.
Here are a few reasons not to opt for divorce mediation:
- Power imbalance – If one party is more aggressive and the other more shy, there is a definite possibility the stronger party may be able to lead the conversation and leave the other feeling disempowered. If you are intimidated by your ex-spouse or he or she has all of the financial resources, mediation can be difficult.
- Bias – The key to a successful mediation is an experienced and unbiased mediator. As with anything in life, mediators can be swayed and the situation may not always be fair.
- No guarantee – Mediation is a good idea but there is no guarantee it will work specifically for you. If it doesn’t, it may be a waste of time and money, as there are no refunds. You will still have to proceed with litigation if mediation fails.
Contact Our Long Island Family Law Attorneys for Help
If, after weighing the pros and cons, you decide to explore this option, our experienced and knowledgeable Long Island family law attorneys can walk you through this process and be by your side during mediation. At Hedayati Law Group P.C., we strive to help people from all walks of life who are seeking a divorce, and we aim to make the transition an easy one. While it will never be a walk in the park, we can make your divorce as seamless as possible thanks to our relentless work ethic and compassionate nature. Don’t hesitate to start a new chapter of your life today!
To speak to a representative and schedule your initial consultation, contact us online.