Pros and Cons of Divorce Mediation

The Pros and Cons of Divorce Mediation

Although there are instances in the process of divorce when a trial in the only alternative, many find that the issues can be resolved with mediation instead of litigation.

The process of mediation is the use of an experienced third party to act as a neutral buffer between the parties to work toward an agreement between the parties.  Once this resolution is agreed upon the mediator will prepare a settlement agreement to be signed by the parties and submitted to the Court.

Although many people seem to have information about the process of mediation, much of the information they think they know is  inaccurate. Below are some positive and negative points of entering into mediation: 

PROS

• Decisions are made by the parties  involved and not the Court
• Scheduling and the duration of the  process is denoted by the parties involved and not the Court
• Since the process is faster it is less  daunting emotionally on the parties and the financial cost is less than  litigation
• The process is less rigid and more  relaxed making it easier to focus on the resolutions that are needed
• The informality of the process and the  voluntary nature gives a feeling of more control by the parties
• Mediation allows you to keep your  personal marriage confidential
• The situation and resolutions are not  dictated by the Court allowing for more creative solutions to take hold
• The rate of success with mediation is  higher than the outcome arrived at during litigation

CONS

• The parties involved must be willing to  participate in the mediation and willing to offer up appropriate financials
• The mediator is not able to offer legal  advice but is there instead to provide a balance among the parties
• Not having the laws in place to protect  the parties during mediation there is no guarantee the outcome will be fair for  both parties
• Having a mediator that is not an  attorney would could lead to issues needing resolution regarding the  preparation and language contained in the agreement
• In some cases mediation is inappropriate  such as those situations relating to domestic violence or in situations where  one party could be hiding financial information
• For matters with urgency the mediation  can not assist like a court can in providing fast temporary orders such as  those regarding child custody and finances

At the Law Office of Joseph M. Annutto, our attorneys are also trained mediators.   Accordingly, we have the ability to serve as legal counsel to a divorcing spouse or serve as a mediator for divorcing couples who want to try an alternative to litigation.  With over 25 years of experience in family law, our attorney-mediators are familiar with the issues surrounding divorce and we are well versed in the legal terminology  necessary to draft a settlement agreement that reflects the decisions of the  Parties.   If you and your spouse are  interested in learning more about divorce mediation, please contact our office  and set up a free consultation.