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Mediation: Why it’s important when you divorce

by | Apr 15, 2019 | Firm News

Mediation is an important part of many people’s divorces. It’s a faster, more supportive way to resolve conflicts instead of turning to the judge for help.

Mediation has a few goals including:

  • Helping you avoid the cost of litigation
  • Reducing the trauma of divorce
  • Creating an equitable and agreeable divorce agreement
  • Minimizing hostility following divorce

Of course, divorce mediation is not for everyone, and those who refuse to compromise or mediate will not see success through it. However, there are many benefits for those who choose to go through mediation and who make the most of it.

Mediation has advantages

Mediation has many advantages over litigation. Some of the main advantages include:

  • Improving communication between parties
  • Encouraging understanding and settlement
  • Reducing the cost of divorce
  • Reducing trauma related to the divorce
  • Speeding up the time it takes to divorce
  • Protecting confidentiality
  • Improving satisfaction with the settlement

People who go through mediation also learn how to speak with one another and how to resolve conflicts without outside intervention, which can help them prevent future conflicts, especially in cases where they have to continue working together in some way.

Is mediation confidential?

Yes, mediation is confidential, which is why many people choose it over going to court. This is particularly helpful in cases where you don’t want to expose your assets to the public, which would happen if you went to trial.

Is mediation binding?

In most cases, mediation is not binding, although you can request for your session to be binding. People don’t always come to agreements during mediation, even with a mediator’s help, so it stands to reason that what happens there may not be binding.

If a settlement isn’t reached during mediation, the parties can choose to try arbitration or may want to go through litigation in court. Usually, people are able to come up with a settlement, and although it is not binding, many choose to keep it as it is a result of working together to find the best possible solution to their scenario.

Mediation can be a great help in any divorce. Even if you have only one or two things that you’re in dispute over, mediation can make a difference in how fast you resolve the conflict and move forward with your divorce. Mediation is worth a try. If it doesn’t work, then you can always try litigation later or choose another alternative option for resolving your dispute.