It is important for our readers to understand that mediation is a tool of the legal system. While it may reap benefits for some who choose to engage with its process, it may not effectively serve others. Before selecting either litigation or mediation as one's path to divorce, a person may wish to discuss their case with a family law attorney to devise a strategic and cohesive divorce plan.
For those who select mediation and who are able to use it to end their marriages, there are a number of potential benefits. First, a mediated divorce requires the parties to work together, clearly communicate and find common ground in order to bring their marriage to its end. Therefore, divorced parties often find that they are more at peace with their marital dissolutions and on better terms with their ex-spouse when they mediate as opposed to litigate their divorces.
Mediation can also be a more cost-effective option for divorce than litigation. Litigated divorces can drag out and run up costs related to attorneys' fees and other related expenses. A litigated divorce is a settlement between the parties and is driven by their efforts, which may help reduce the need for ongoing hearings and their associated costs.
Finally, mediation can provide the parties with some sense of control over their personal privacy. While personal matters may be discussed in open court if a divorce is litigated, a mediated divorce is a closed process where matters of fault or embarrassment are kept away from potential public scrutiny.
These are only a few of the possible advantages people may experience if they mediate their divorce. However, mediation is not for everyone, and readers should make informed choices about how to end their marriages in order to select the option that will serve them best.