Pros and Cons of Divorce Mediation

divorce papersWhen detailing some of the alternative methods for divorce, mediation is one of the most popular. During this time, couples are able to constructively negotiate the aspects of their divorce outside of court rather than arguing in a contentious atmosphere. Because this is a sensitive time for families, it is important to make sure you and your soon-to-be ex-spouse are working together to put the best interests of everyone involved at the top of the priority list.

Before you decide to pursue a divorce using mediation, you should know that there are some pros and cons to consider. You should reflect on these carefully to determine if it is the right option for your situation.

Pros

  • Less argumentative setting. When you go to court for your divorce, you open the door for plenty of arguing and fighting. You don’t want to have to deal with the emotional stress. Mediation keeps the discussions calm so you can reach a compromise without focusing on a “winner” and a “loser.”
  • Less costs. When a divorce case goes to trial, costs can add up quickly when you factor in the costs of paying for attorney fees, court fees, and more. With mediation, you are able to cut out a number of the expenses associated with the divorce, making it a cost-effective option.
  • Protect your children. The courtroom is no place for children. By going through mediation, you are keeping your children away from any of the contentious matters, allowing them to foster a healthy relationship with both parents.

Cons

  • Imbalance in communication. Because mediation opens the floor for both parties to discuss their desires, if one party is more timid and reserved, they may not fight for the agreement that suits their needs. It could affect the outcome of the divorce because the mediator serves as an impartial third-party, not a decision maker.
  • Failure to cooperate. If one or both of the parties do not reach an agreement, it can result in the mediator ordering a trial in order to resolve the issues. For many, this means additional stress and strains on the family.
  • Missing issues. Because of the informal setting, there are times when couples may be distracted and may fail to mention certain issues that would help their case. This means these items will not be resolved, which could require you and your ex-spouse to return to court after the divorce has already been finalized.

Mediation can be very beneficial for spouses who are amicable with each other and can work together to determine the best possible agreement for all parties involved. If you need help, our Rancho Cucamonga divorce lawyers at Chung & Ignacio can help you put everything into perspective and help you come up with a solution that works best for you.

Contact our firm today to learn how we can help you get through your divorce.

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