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 pros of divorce mediation:

  • Cost – Settlements are often decided upon faster, which means a significant reduction in cost.
  • Speed –  You are able to manage your own schedule. 
  • Confidential – Mediation is private, and does not take place in the courtroom.
  • Control –  You and your spouse can work together to reach an agreement. There are no “winners” and “losers” in a mediation divorce, as both of you have control over the outcome. 
  • Success – 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.

The cons of divorce mediation:

  • Power imbalance – If one spouse is more aggressive or has a tendency to lead the conversation, the other spouse may feel dis-empowered. This power imbalance is what can complicate mediation.
  • Bias – There is the possibility that mediators can be swayed and the situation may not always be fair.
  • No guarantee – It is  possible you may need to proceed with litigation if mediation is not successful.

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.

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