Mediation: Pros Outweigh the Cons

Mediation is one way to get through divorce on civil terms with your spouse. This process is a form of alternative dispute resolution (ADR) intended to minimize conflict while divorcing spouses work through their differences and decide on agreement settlements.

Deciding to undergo mediation can protect your children and finances from the consequences of an antagonistic litigated divorce. For couples who can tolerate being in the same room, mediation is a workable and stable path toward divorce. Here are some of its advantages:

• With the help of an experienced mediator, you and your spouse can better understand the issues that you must agree upon. Little time is allotted to the discussion of causes of divorce and other personal conflict.
• Through this process, you are free to express your thoughts and needs by yourself and or with the help of your divorce attorney. You and your spouse can take control of the process and the end result, unlike in a trial.
• With mediation, you will be spending significantly less money, time and energy, compared to litigated divorce.
• You still have rights to proceed with litigated divorce in the event that the mediation fails, or it is impossible to reach a reasonable agreement with your partner.

Unfortunately, not all couples are qualified for mediation. While it should be a consideration for everyone planning to have divorce, it will not be the best option in these specific cases:

• Instances where the couples are not on speaking or decent terms
• Instances where domestic or any other type of abuse is a factor
• Instances where one spouse has an unmanageable hostile and high-conflict character

While mediation is not intended for all circumstances, it remains a stable alternative route to divorce litigation for most. If you are considering mediation for your divorce, get in touch with one of our experienced mediators in New York. You can contact our law office by phone or email, and we will discuss how we can be of service to you.