In a contested divorce, the spouses do not agree on one or more significant issues. As a result, they turn to legal proceedings, such as court hearings or trials, to resolve these disagreements.
Fortunately, alternative dispute resolution methods such as mediation can help some couples avoid the strain of a contested divorce.
Peaceful resolution
Divorce mediation can be an ideal choice for couples who desire a more peaceful and cooperative separation process. This method promotes open communication, enabling spouses to express their concerns and desires. If both parties are willing to engage in a respectful dialogue and reach compromises, divorce mediation can provide a less adversarial and emotionally taxing experience.
Trust and respect
If you and your spouse can maintain a level of trust and respect, mediation may be a suitable avenue. The mediation process hinges on a neutral third party, the mediator, who assists in guiding discussions and finding common ground. This approach can be successful when both individuals commit to the process and trust the mediator’s impartiality.
Privacy and confidentiality
Couples with a desire for a more private and confidential divorce process might find mediation advantageous. Unlike court proceedings, mediation takes place in a confidential setting, and the mediator ensures that sensitive information remains private. If you value your privacy and wish to avoid the public nature of court proceedings, divorce mediation is a compelling choice.
Child-centered approach
For couples with children, divorce mediation can offer several advantages. It allows parents to collaborate on child custody and visitation arrangements, potentially resulting in outcomes that better serve the needs of their children.
It enables more customization, too. For example, nearly 10% of children in the United States have ADHD diagnoses. Divorces with such children may involve unique nuances that mediation can address more effectively than litigation.
Of course, divorce mediation is not the best choice for all couples. In cases of domestic abuse, extreme power imbalances or when one party is unwilling to engage in a constructive dialogue, mediation may not be appropriate. These situations may require more formal and adversarial divorce proceedings to protect the interests and safety of one or both parties.
The decision to pursue mediation or alternative methods depends on the specific circumstances and the preferences of the individuals involved.