Divorce is never a pleasant decision to make; the aftermath of the process takes a toll on both parties. It requires proceedings within the legal system and the expertise of legal professionals. Today, more and more couples are realizing that they do not wish to partner through the traditional institution of marriage. This leaves many married couples wishing to divorce, rather than to remain in the union. However, divorce can be financially infeasible to many Americans. Moreover, the process can cause unintended harm to other parties involved, such as children, if improperly handled. To avoid the traditional pitfalls of divorce litigation and make the process less cumbersome, more and more couples are opting to separate through divorce mediation.
In family law, a mediator meets with both parties as a neutral third party who has specialized training in conflict resolution. This process of divorce mediation is highly effective in resolving family matters outside of the court.
The benefits of divorce mediation
- Mediation helps both parties reach a settlement through a smoother proceeding. Through mediation, both sides achieve a clearer insight into each other’s positions without requiring lawyers; the processing is fair and amicable.
- When divorces include children or large business entities, divorce mediation can be especially helpful to allow for a non-disruptive transition. Businesses continue to operate under negotiation, whereas litigation can put a strain on the day-to-day operations of the business owners.
- Unlike divorce litigation, mediation is a more personal experience. It gets conducted at a time and place outside of the courtrooms. It ameliorates the win-lose situation, which often arises in courtrooms when couples escalate toward a winner-takes-all conflict.
- Divorce mediation is more time-saving than litigation. Hiring a divorce mediator instead of a lawyer will finalize decisions more quickly, rather than having a divorce case in a courtroom dragged on for years.
- Mediation offers a great deal of confidentiality. Legal authorities treat property ownership and divorce contracts as private matters under mediation.
Divorce mediation offers the divorcing parties a separation that minimizes emotional and financial stress, which is not always the case in litigation. With less financial, time, and emotional investment, people sign divorce papers with terms as desired by both parties, and not as ruled by a judge in court. Family litigators have reported that divorce mediation, in some cases, can lead to reconciliation between the spouses. Some believe that when divorce cases are fought in courthouses, the spouses grow bitter toward each other with every passing day. However, through mediation, they often reconsider their choice and give their relationship another chance.
Finally, with the increasing inclination of soon-to-be-divorced couples to choose divorce mediation, specific rules have been enforced to make the process more stringent. Advocates and lawyers argue that divorce mediation is an alternative dispute resolution process that can expedite divorce proceedings and enable families to function more congruently later on. Due to the privacy it offers, people who are entertainers, public servants, business tycoons, or anyone who is under the constant scrutiny of the public eye are increasingly choosing divorce mediation over litigation.
If you are seeking a divorce and wish to work with an expert mediator, you can give McNamee Mediations a call today.
4590 MacArthur Blvd Suite 500, Newport Beach, CA 92660