Pros And Cons Of Choosing A Mediated Divorce

Whether you've been married for four years or forty, the desire to keep your divorce amicable is a laudable one, and mediated divorce offers a chance to do just that. But some couples are unsure about mediated divorce because they've heard that it's a longer or more difficult process. It's true that mediation has pros and cons (although it doesn't necessarily take longer than a litigated divorce), but you should learn what the pros and cons are so you can decide for yourself. Read these pros and cons of divorce mediation to help you discern whether it's the right option for your situation.

Pros:

• Mediated divorce often costs less than litigated divorce, putting less strain on your budget.
• Mediated divorce doesn't foster the competitive spirit of a court case, so it's easier emotionally for couples who are already having a hard time.
• Mediation attempts to resolve conflict by facilitating mutual agreement, which can put less strain on the relationship (especially helpful if you'll have to see each other in the future, as in the case of shared child custody).
• Mediation can be supplemented by hiring a personal lawyer to give you expert legal advice, even though the mediator won't advise you.

Cons:

• In very dysfunctional relationships, one party may not feel comfortable speaking up for him or herself in an informal mediation setting.
• The mediator is not allowed to give legal advice, so acquiring legal advice (by hiring your lawyer) will be an added expense.
• The point of a mediated divorce is to reach an agreement, but you have to walk a fine line between agreeing and standing up for yourself.

As you can see, a mediated divorce is best for those couples who have a fairly easy-going relationship. A history of abuse or domestic violence can mean that a mediation may not be able to solve all the problems involved alone; in these cases, the affected individuals should seek therapy and protection and only participate in mediation once more confidence and safety is achieved. But in cases of couples who are informed about their own rights, have a commitment to reaching an agreement, and are willing to compromise, a mediator can help resolve any difficulties that may arise and bring both parties to a mutually beneficial agreement. Remember, if you're worried about the legal aspect of this type of divorce, you can hire a personal lawyer at Eschbacher Law to consult for legal advice.

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