What Are The Advantages Of Divorce Mediation?

One of the greatest challenges of going through a divorce is coming to a fair settlement. While some couples reach a settlement through court proceedings, others turn to divorce mediation. When possible, mediation is the preferred method for determining the terms of the divorce.

What is divorce mediation?

Divorce mediation is a method of attaining a divorce settlement outside of court. Mediation is facilitated by a third party mediator that has been hired by the divorcing couple. Mediators help divorcing couples agree to divorce terms. 

What are the advantages of divorce mediation?

Divorce mediation has many advantages, including:

• Financial. Divorce mediation is less expensive than settling a divorce in court.
• Personal. The mediation process is controlled by the divorcing couple and the resulting settlement is personally tailored to the circumstances of the individuals. Settlements that are arrived at in court are decided based on larger legal principles and may be less appropriate for the individuals involved.
• Amicable. Many couples find that it's easier to adhere to a divorce settlement reached by mediation because they determined the terms of the settlement themselves. In addition, settlements that are reached through mediation can actually improve communication between divorcing couples, making life after divorce easier.

Can you still hire an attorney if you're going through divorce mediation?

Yes, you can still hire an attorney even if you're attempting to handle divorce through mediation. Your attorney can help you with the legal side of the divorce. There will be many papers to file. In addition, it's still good to have legal counsel looking out for your best interests, even if you're reaching a settlement through the mediation process.

Does your lawyer attend mediation sessions?

Your attorney can attend mediation session; however, for many people this is not preferable. Your attorney will charge you for the time spent in mediation sessions. In some cases, having an attorney present can compromise the effectiveness of the mediation sessions, because mediation is meant to keep control in the hands of the divorcing couple.

Unless your attorney feels that he or she should be in the mediation sessions, you should consider attending sessions without your attorney. You can always invite your attorney to attend mediation sessions later.

Divorce mediation isn't right for everyone. Some people (especially people who have been abused by the spouse they're divorcing) simply fare better in court. If you're not sure whether or not divorce mediation is right for you, speak with a qualified family attorney. Your lawyer will be able to offer you guidance and advice.