Mediation is a low cost, private alternative to airing your dirty laundry all over the courthouse in a protracted divorce trial. Yet many people are resistant to mediation during a divorce.
Divorce Mediation Myths
We believe this is because of divorce mediation myths. Some myths are based on anecdote â€“ when one person has a bad experience, they tend to tell everyone about it â€“ repeatedly. And some of the bad wrap is borne by television shows with â€śinteresting plot twistsâ€ť that show the very worst of mediation practices. Some jurisdictions require mediation, which may also frame it in a bad light.
The absolute worst mediation advice weâ€™ve ever heard is not to do it, or, in cases where the judge orders it, not to cooperate or participate with sincerity.
The Benefits of Mediation
Not all people understand divorce mediation is an opportunity for a neutral person to speak with both parties to determine what each party wants, what they need, and what they can live with. A mediator works to find common ground and settle the matter without litigation. Mediation, unlike litigation, is done in private, without a record of everything that is said by both parties.
Results with and without Mediation
Couples who engage in mediation often find common ground and resolve most, if not all of their issues, without litigation. They are in control and have a vested interest in the outcome. When mediation doesnâ€™t resolve the issues, or the parties donâ€™t participate in mediation, the couple must go to court. In court, the lawyers argue sides, take testimony, and write proposed findings. A judge makes a final decision about how property is divided, how retirement accounts are distributed, whether the family home is sold, and who has what parenting time with the children. It is unlikely the judge shares the coupleâ€™s level of interest in the process. Additionally, litigation is more costly to the parties, as both lawyers charge by the hour and litigation takes longer.
Consider the Benefits of Mediation
One of the benefits previously mentioned is that mediation is not on the record. Consider, whether you want your children reading the transcripts of their parentsâ€™ divorce, or whether youâ€™d just like them to know you managed to work out the divorce together. Sometimes, one or both parties are angry, and seek to punish one another. There are other, more productive ways to relieve anger than litigation.
If You are Considering Divorce
Are you considering divorce? Do you want the process to go as smoothly as possible? Contact your divorce lawyer today at https://www.torontodivorcelaw.com/divorce-mediation.html