What Is Divorce Mediation & It’s Advantages and Disadvantages

Posted by admin on April 27th, 2006

Divorce mediation is when you find a neutral person, usually an attorney that is willing to mediate or help you with resolving all factors regarding your divorce without going to trial. Sometimes, mediators are not attorneys and have no legal knowledge at all. Mediation can be ordered by the court when the court deems it is necessary for the couple to resolve certain issues pertaining to their divorce. Divorce mediation is a lot expensive than a trial and most judges prefer this to be done. In most divorce mediations, women are not normally pleased about the outcome, because they are not the ones in many cases with the power and money. Therefore, when choosing a mediator you should find one that is not biased as to the person that has the money and power, is sensitive to both people and the children, and has good bargaining skills.

Advantages of Divorce Mediation are:

You make the decisions. You and your spouse can choose when to meet, for how long, what issues need to be discussed, and how you wish to resolve them.

All issues are discussed in private and not in a courtroom for the world to witness.

You can make your agreements fit your family. You will be able to choose your own financial and parenting agreements in which the court could not, because the judge must go exactly by the law. The nesting child custody agreement is a great example, the court cannot give this type of custody but you and your spouse may believe it is in the best interest of the children. Nesting child custody is where the children never leave the home, the parent’s switch homes during their time and this can be divided by time of day, weekly, monthly, and yearly. The decision is yours.

Less money will be spent on attorneys, filing fees, and time in court.

Disadvantages of Divorce Mediation are:

If you are trying to compromise with an unwilling spouse you can become emotional exhausted. Sometimes, even the thought of seeing your soon to be ex-spouse brings angry and resentment. Therefore, mediation can be very trying.
Women may have the feeling that they powerless because they stayed at home and took care of the children. In this type of case, many times, the women just agree with what ever the man has to say.

If any type of domestic violence has occurred in the home, the victim may have a very difficult time speaking up for himself or herself.

Agreeing on all aspects of the divorce can be very difficult as well. Both parents may wish to have custody of their children, but not want joint custody.

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