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How Mediation Works in a Divorce

We have all known someone personally who has been through a divorce. Rarely, if ever, do you hear that is was an easy or pleasant experience. There is usually a great deal of friction involved as both parties try to hash out who gets what property and custody of kids (if there are any). This is why mediation should be the first thing couples try when there is a contentious divorce.

Mediation presents the concerned parties with a chance to have a third party help reach a mutually satisfactory agreement where there is disagreement, ambiguousness or conflict. The mediator does not make any decisions for the couple, but instead allows for them to have a chance to compromise and ultimately agree on details.

A mediator can be helpful before or after filing for divorce. For most people, mediation represents a chance to iron out details and reach agreements all while avoiding the expense and time consuming nature associated with going to trial.

Mediation can be completed within a few appointments and can save countless hours. The amount of money saved versus going to trail is not trivial by any means.

Benefits of mediation are:

1. Confidentiality – The process is between you, the opposing party and your mediators. The mediator and any attorneys involved are representing you on a private basis and are not to speak to others outside of the legal system.
2. Time Saved – Mediation appointments will often be around 2-3 hours long. Sometimes, it only requires one or two sessions to fully hammer everything out. A courtroom trial can take many more hours than this and paying an attorney to assist you all the way through can be very expensive.
3. Success After Mediation – Agreements reached through mediation have been found to be more successful than court ordered arrangements.

Is Mediation Right for You?

Mediation should be tried by most any couple with a disputed divorce. You never want to jump right into courtroom litigation without at least trying the quicker, less expensive, less time-consuming route.

Mediation is successful most of the time. It can be successful anywhere between 70-90%. Getting your ex to agree to join you in mediation is step one in the right direction.