What some Pro’s and Con’s of Divorce Mediation?
- The parties are independent from the court regarding selection of the mediator, scheduling meetings, the frequency of the meetings and the agreement that is negotiated.
- The process is conducted in a series of informal meetings in which the parties have control.
- The process is usually completed more quickly than a litigated case and the cost is much less.
- Mediation allows your personal information to remain private since there will be no court testimony.
- The agreements that the spouses make can be much more creative that a ruling handed down the Court.
- The parties involved must still have has some degree of trust in each other and the willingness to communicate. Without this, the mediation will be difficult.
- The mediator will not offer legal advice to either party but may share what s/he believes the law is on a particular issue.
- Mediation is a voluntary process and you and your spouse must agree on the mediator to use. This could be an issue if you and your spouse are not communicating well.
- Mediation may not be appropriate in cases involving domestic violence and/or drug and alcohol issues. For these issues the Court’s may provide the protection needed.