Pros and cons of mediation during divorce

The idea of hiring a divorce attorney at the first hint of separation is tempting, but it can be costly. In some cases, a wiser strategy can be to opt for mediation. A professional mediator is often well versed with divorce and family law. His or her job is to help the husband and wife come to an agreement that is acceptable to both parties. A professional mediator can also assist resolution once divorce proceedings have begun. The option of mediation is attractive for many reasons not least of which is because it usually costs less. Mediation is also often a faster alternative to protracted litigation. Mediation is not without limitations however. This blog looks at the pros and cons of opting for mediation during a divorce:

Pros

Here are the advantages of mediation:

• Peace of mind as mediation of your divorce is usually more peaceful and less contentious.
• Faster agreements
• Less expensive
• Easier on children
• Greater chances of a better long-term relationship between spouses. This is particularly important if children are involved.
• More privacy as everything that goes on in mediation is protected by the confidential mediation privilege and not part of the public record or even admissible in court.
• More control because it is you making decisions, not the judge

Cons

As stated previously, mediation is not a silver bullet that will solve all your divorce issues immediately. When you opt for mediation, keep these facts in mind:

• You could end up wasting time and money if you and your spouse fail to reach an agreement.
• The agreement can be unfavorable to you if the mediator is biased toward your spouse.
• The agreement arising out of mediation may not enforceable as it can be challenged in court.
• The Court has the final say if a disagreement arises after mediation.
• There is a lesser chance of uncovering assets if one of the spouses is intent on hiding some or all of his or her assets.
• Mediation may not be as helpful in cases where one spouse is more domineering and the other spouse is more deferential.

Mediation is often a less contentious, expensive, and more peaceful way to obtain a divorce or resolve ongoing divorce proceedings before things spiral out of control. However it is not a silver bullet. It has its pros and cons. Therefore, choose wisely.