Divorce Mediation: The Alternative To A Court-decided Outcome

The dissolution of a marriage is a difficult matter that involves much more than a couple deciding they no longer wish to be married to one another

. Even in cases where both parties equally agree to the need for a divorce, there are matters of property and financial settlements, and child custody when a child or children are involved. There can be, and usually are, many points of contention where an amicable settlement and successful divorce agreement acceptable to the court and local laws can break down. Add to this the emotional distress that accompanies a divorce, and it's clear that an objective third party can be of great benefit to all parties concerned.

Though it's wise to obtain legal representation in a divorce matter to ensure that rights are protected, too often litigating attorneys can escalate a battle beyond what it might have been had the couple come to an agreement independently, in spite of their emotional baggage. This adversarial approach can drag the matter out, create added anger and resentment, and be extremely costly financially. It also puts the divorce and private issues on public display that can be damaging to both parties and their children.

Divorce mediation offers an effective alternative to the traditionally adversarial approach to divorce. A family law mediator is a non-biased professional who is knowledgeable of the laws in the state and county who work to facilitate an agreement between the divorcing parties. In the mediation process, the mediator is a type of referee who helps the couple to settle issues such as property division and child custody outside of the courtroom. The mediator does not decide the case as a judge does in a contested divorce, but rather guides the couple to agreeable and beneficial solutions to serve everyone's best interest.

A mediated divorce is significantly less expensive than an adversarial divorce or child custody battle and is usually much less stressful. It allows the parties to come to their own agreements and compromises on the various issues in the presence of an objective third party so that neither will feel victimized or resentful of the outcome as so often happens in a contested divorce that is decided by a judge.

Mediation is a confidential solution, with the details not reported to the court beyond a signed agreement by both parties. It facilitates mutually satisfactory compromises that reduce stress and resentment to both parties and their children in a speedier process to allow all to continue with their lives. When a divorce is necessary, mediation first is a wise choice.

by: Art Gib

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