Not all divorces need to go to court—and not just because it’s expensive. Litigation can raise tensions, and some spouses use it to punish their exes. Divorce trials are also time-consuming. They can leave the family in limbo, preventing them from starting a healthier new chapter.
A 2021 study found that over 90% of divorcing U.S. parents use alternative dispute resolution methods. Of these, over half chose mediation. In mediation, an impartial third party helps negotiate a settlement.
But mediation isn’t recommended for all divorce cases. It’s especially unsuitable for cases with a history of domestic violence or abuse. So, when is it a good option for your family?
Reasons for choosing mediation
Mediation doesn’t require the divorcing couple to follow a decision issued by the third party. It is a voluntary process that works if both parties agree and commit to the resolution. It can be a better choice for you if you want to:
- Separate amicably: Mediation is a more relaxed, informal process. It encourages parties to compromise and to maintain a relationship after marriage. Unlike adversarial litigation, it allows parties to communicate and work together to find a solution.
- Save time and money: It usually takes only days or weeks and costs less than hiring attorneys for lengthy court battles.
- Keep your privacy: Mediation is a private process, unlike litigation, where court documents are public records.
- Have more control: It allows for procedure and outcome flexibility. Both parties can try to persuade and negotiate to avoid a win/lose decision.
- Focus on your children: Less conflict helps parents build a better co-parenting relationship that benefits the whole family.
Mediation has drawbacks for cases with significant power imbalances. Still, it is worth exploring for divorcing couples willing to find common ground.
Consulting an experienced mediation and matrimonial law attorney can help you decide if it’s suitable for you. They can also ensure you go through a correct and fair process.