Deciding to end a marriage is a tough decision to make, even if the marriage has irretrievably broken down. The traditional divorce process, which most people are familiar with, adds additional challenges, financial and emotional costs, and time. Going back and forth through the court system until the parties settle or go to trial can take significant time.
There is another way to divorce that has become popular in recent years. Mediation is a less adversarial path that can make divorce smoother and less contentious.
In the United States, many divorcing couples are turning to mediation as a beneficial alternative to traditional divorce proceedings.
Why turn to mediation?
Mediation is similar to having a conversation with a third party who is there to help the parties express how they feel and what they want.
The mediator helps the parties communicate productively, offering tools for an amicable conversation and negotiation that leads to a settlement. The benefits of mediation are many, including:
- Less stress and more control in the decision-making process
- A cost-effective and less time-consuming option
- An opportunity to preserve the relationship between the parties beyond the divorce proceedings
- Customized, creative solutions that work for everyone
This form of alternative dispute resolution (ADR) is so effective that courts across the country have integrated mediation into the divorce process in their courts.
For instance, many states require that divorcing parties attempt mediation before the final settlement conference, after which the parties can go to trial.
The real cost of divorce
Most divorces do not end up going to trial. Most couples quickly realize that the cost of getting a divorce, including attorneys’ fees and court costs, as well as the financial changes they have to make to their own lives because of the divorce, is not worth going to trial.
The mediation process is confidential, and its focus is on the future instead of fighting over who is right and who is wrong. The benefits of this ADR method reduce the emotional impact of divorce, especially if children are involved, which can be extremely helpful and a much more positive way of dealing with the dissolution of a marriage.
