Advantages of Mediation Over Traditional Divorce

Advantages of Mediation Over Traditional Divorce

Aug 08

When you think about divorce, you think about a scenario wherein you get an attorney and battle it out in court with your spouse. But that is not the only way to process a divorce. According to the website of Higdon, Hardy & Zuflacht, there are alternatives for dispute resolutions, such as mediation.

Mediation happens when you, your spouse, and your legal representatives, sit together with a mediator who can see the overall picture, avoid biases, and make the separation process as peaceful and swift as possible. From the definition alone, you can already see the advantages. But they shall be explained below.

Having a say

There are times in divorces where a spouse is not able to properly voice their concerns, especially if the other spouse is already cornering them and putting them in a situation where they cannot properly react. An example is when a spouse just goes with the demands of the other spouse, even against their will, just to get things over with.

In mediation, the voice of either spouse will be equally heard, especially because the mediator will need to see the big picture to help come up with suggestions and decisions.

Reducing negative emotion

A traditional divorce can be emotionally stressful, because there are a lot of areas where spouses can argue about, like alimony, child custody and support, division of property, and others. In a formal and legal setting like a court, this stress can increase because of the argumentative nature of the proceedings.

You cannot say the same thing for mediation. In this practice, there is room for compromise, and that is the mediator’s duty to fulfil.

Eliminating child engagement

Another problem with traditional divorce proceedings is the involvement of the child. The child may be asked to be in court for child custody and support disputes, and that is not a good thing, because a child that is too involved in their parents’ separation may have negative reactions, including anxiety and lack of self-worth.

In mediation, the parents are eliminating this risk. Even if the child is asked to be involved, the involvement is not stressful, because the environment of mediation is not as formal and strict as a legitimate divorce proceeding.

Getting swift results

The disputes in divorce may take months, or maybe even years, to be settled, especially if no party is budging or being willing to compromise. This can be prevented in mediation, because of the mere fact that disputes are much easier to settle with an unbiased mediator.

There is also the financial factor. If the divorce is taking such as long time, it is easy to assume that the legal fees are also significantly higher, compared to a fast and efficient mediation.