While marriage is still considered a lifelong commitment, views on divorce have largely softened over the years. The detriments of remaining in a toxic or unhappy relationship have been well publicized.
Views on divorce have also changed. It is largely no longer seen as a battle, but a negotiation that spouses need to get through to move on with their lives. Mediation is one option that spouses have. This is a less formal process than litigation and it has several benefits. Here are a few things to consider.
More control
During a litigated divorce, both spouses are usually at the mercy of the courts in terms of dates. The family courts tend to have backlogs, which means divorces can drag on for several months and even longer. Neither spouse can generally miss a court date without a good explanation.
Mediation, on the other hand, is much more flexible. Spouses can generally go at a pace that suits them and they can work mediation sessions around their work schedule etc.
It can be less stressful
The whole point of mediation is to keep conflict to a minimum. The idea is to open up conversations between spouses. The mediator will help facilitate discussions, but will not come to rulings like a judge or arbitrator would. Both spouses and their respective legal teams will negotiate equitable agreements, which the mediator and court can then approve. This process is generally much more stressful than presenting evidence in court and waiting for verdicts.
It’s more private
Divorce proceedings in court typically become a matter of public record. This isn’t how mediation works. The only people with access to sensitive information will be each spouse, the mediator and the legal teams. This restricts the possibility of prying eyes gaining access to sensitive material.
If divorce is inevitable, then it’s important to explore all of your options. Seeking legal guidance will give you a better idea of what might work for you.
