Why Should I Choose Mediation For My Divorce?

Even when couples have been struggling for a while in their marriage, they don’t anticipate the emotional and financial pain of divorce. Besides feelings of heartbreak, sorrow, anger, frustration, betrayal, or confusion, divorcing couples often experience stress about the future and the unknown, stress about finances and losing the family home or other assets, and stress about the well-being of the children or the family pets. Unfortunately, couples don’t always consider all of the methods available to them when it comes to reaching a divorce agreement, more commonly known as an MSA (Marital Settlement Agreement).

Do-It-Yourself Divorce

When cost is an issue, couples who envision divorce as a quick way to exit the relationship and move on sometimes try to do it themselves. However, this option is only available for the simplest cases, i.e. when a marriage lasted less than 5 years, there are no children to decide custody on and no assets or debts to divide. That is because divorce can be very complicated when it comes to dividing finances, assets, and child custody fairly. A Do-It-Yourself (DIY) divorce may end up costing a lot more, especially if spouses can’t agree, or if one partner decides to take over and deny the other a fair share. Unless both spouses are highly educated about family law, they may leave many issues unaddressed by handling the divorce themselves, which may delay their final divorce judgment for several months, or possibly years. In addition, couples opting for a DIY divorce also have no recourse left once they have agreed on a settlement and the final divorce papers are signed.

Litigation

Litigation is another common way to get divorced. Unfortunately, this can end up being a very costly decision because of the extended involvements of expensive divorce attorneys. A litigated divorce can last many months, or even years, especially if several court hearings are required. Negotiations to reach a marital settlement agreement often take a long time simply because spouses have to discuss every single point through their attorneys, rather than together. In addition, litigation often causes a lot of animosity between spouses and can perpetuate a “you vs. me” position, which delays emotional healing.

Divorce Mediation

Fortunately, many couples now choose divorce mediation over litigation or a DIY divorce. Couples often opt for mediation because they hear it’s less expensive than litigation, but they soon realize they can save a lot more than money. Because mediation is by definition not adversarial, it allows couples to focus on the important issues without feeling combative or defensive. By acting as a neutral third party, the divorce mediator gently guides couples through the separation process, addressing one issue at a time, including asset and debt division, child custody and support, and spousal support. The mediator helps keep animosity away while guiding couples toward conflict resolution that is acceptable to both spouses. The goal of divorce mediation is to allow spouses more control over their divorce process and come up with an agreement that will work best for them and any children they may have.

While litigation may take several months, or even years, mediation can usually help couples reach a final marital settlement agreement and complete their divorce procedure in just a few months. In the end, the shorter the divorce procedure, the sooner spouses can go on with their separate lives and start the healing process.

About A Fair Way Mediation

A Fair Way Mediation Center offers a relaxed, compassionate atmosphere in an informal setting that encourages a calm and objective approach. This is a safe space that avoids the stress and embarrassment that courtroom procedures can inject into any divorce or separation. All couples are welcome, including traditional or same sex families.