Divorce mediation is an alternative dispute resolution mechanism that helps spouses enter into mutually agreeable mediation arrangements. Mediation requires a neutral third-party mediator allowing you to achieve your own decisions. It’s generally good for a mediator to be a divorce counselor who understands the procedure as well.
Familiarizing yourself with the benefits and drawbacks of divorce mediation will help you gain a deeper view of the mediation procedure and can also help you to decide if it’s a better match for your scenario.
Divorce mediation is a great way to avoid going to court. It is still in your best interest, though, to seek professional advice from an accomplished family divorce lawyer when you are dealing with something as serious and important to you and your children’s future as a divorce settlement.
The Pros of Divorce Mediation
Mediation is usually much less costly than going to court. Usually, you and your partner would actually share the mediator’s costs. Although you are widely encouraged to mediate with the representative of your partner, a formal mediation course is generally much less rigorous than going to court.
Generally speaking, divorce mediation takes less time than if you are to go into the legal system. Not only does it take less time to plan for negotiations, but it also takes much less time to arrange a conference session than it does to get to the court’s docket.
Voluntary mediation offers many separated married couples a sense of independence and willingness to make essential sacrifices and decisions.
Divorce mediation is an informal mechanism that makes both spouses feel more at ease and committed. You are not required to give your approval to anything that you do not like and are setting your own expectations – without fear of hurrying through the proceedings.
The Cons of Divorce Mediation
It Does Not Provide Legal Advice
Mediators who lead the arbitration process are neutral third parties who do not intervene in either way. When you go to court without a qualified professional counsel by your side, you’re going to make critical choices about you and the future of your children that can come back and haunt you.
Mediation is Not for Everyone
If your partner is cruel, unable to negotiate on any topic, manipulative, threatening, and/or deceptive, mediation may not be in your best interest. ’The last & final thing you need is to hammer out your ex to negotiate in the near future. Your divorce mediator will work very closely with you to help you determine if mediation is a better solution for you.
Mediation is Not Necessary
If you and your partner are able to work together in favor of the best interests of your children, reconciliation is unlikely to be required. By permitting your various lawyers to draw up mutually satisfactory mediation treaties in the right legal manner, you can instead save time and money.
If mediation fails, you will need to go to court. If your mediation isn’t effective, the divorce will eventually take longer and be more costly than would have been reasonable. This is not to suggest the mediation that does not lead to an agreement is absolutely ineffective.
Even if your mediation session might not lead to definitive results, it will also give you a much better feel for what’s coming, and encourage your professional divorce attorney to collect enough evidence to create a solid basis for your forthcoming court hearing.
Dan Toombs serves as a Legal Partner of Mediations Australia and is considered one of the best family law mediators in Australia. He is appreciated not just for his legal expertise, but also for his ability to assist clients with critical decisions regarding their children. www.mediationsaustralia.com.au