Divorce Mediation, Making Divorce an Easier, Faster, Cheaper and Less Painful Process

Misunderstandings, lack of communication, and not having enough time for one another can make a marital relationship turn sour, frustrating, painful and stressful. Some couples are able to find solutions to marital problems that slowly cause them to drift apart; other couples, however, end up hopeless and consider ending their marriage as the only means to having a peaceful life again.

Ending a marital union through divorce is not a painless process. So many marriage counselors and legal professionals say that the divorce process is a very sensitive and emotional procedure, especially with regard to issues such as child custody, child support, visitation rights, spousal support or alimony and division of properties, assets and debts. Besides being complicated, many spouses also find it very difficult to arrive at an agreeable settlement (regarding these issues) because they refuse to agree to the demands of each other.

Failure to reach an agreement, however, can only result to the divorce process landing on a family court judge’s desk and, once these issues become a judge’s concern, all decisions will be made by him/her, whether these decisions are acceptable to both spouses. These decisions, or course, are legal; thus, these require the spouses’ strict compliance or they shall find themselves in contempt of court.

Though some couples continue to choose to settle divorce in court, many others now seek a procedure that is faster, cheaper and is not argument-filled; one that promotes respect and allows the spouses, rather than a judge, to decide on all matters. This divorce process is called divorce mediation.

Divorce mediation has become a more preferable way of settling divorce due to the many benefits it provides. It is done through the help of a neutral third-party mediator, who is usually chosen by the spouses themselves. Though the mediator can share his/her opinion to give light to issues that need to be settled, he/she can never decide or impose anything on the couple.

This process of mediation offers the following benefits:

  • Allows spouses to arrive at the most agreeable and workable solutions to all issues;
  • Gives spouses total control of the proceeding and its outcome;
  • Promotes openness between the spouses;
  • Much cheaper compared to a court hearing and requires lesser time; and,
  • Ensures privacy as the procedure involves only the spouses (with their respective lawyers, if they have one).

Mediated divorce also helps preserve spouses’ respect for one another. This an important element in any divorce procedure as this will affect children’s ways of relating to both of them after their divorce. Thus, rather than a painful court experience, which anyone can witness, a peaceful and friendly settlement will definitely be more preferable.

The law firm Kirker Davis, LLP, explains that it is recommended for married couples, who are seeking a divorce, to consider alternative dispute resolutions before entering their case into the already overcrowded court system. In fact, some courts even require that a couple first goes through mediation in an attempt to solve their divorce quicker and with less complexity. Mediation is an often overlooked option that divorcing couples should consider before pursuing litigation as an option.

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