5 Benefits of Divorce Mediation
Some people consider mediation fairly new, but it’s actually been around quite a while. The term mediation refers to an alternative dispute resolution process. It was first used by the ancient Greeks when there were difficult disputes between village members. The first recorded case of mediation occurred in 522 A.D. (or C.E.) When mediation became necessary, the two disputing villagers would turn to a village elder who would guide them to a resolution. The elder would lead them in a discussion ending in a solution they could both agree to uphold and then record the resolution so the parties could move forward peacefully.
Mediation and the mediation process has evolved since the time of the ancient Greeks, but it still aims for the same admirable goal: a mutually agreeable resolution. Today, mediation is used to resolve a wide range of issues from a simple dispute between neighbors to assisting world leaders in coming to agreements that would avoid war or other discord, but we see if used most often as a means of coming to a mutually agreeable resolution when two parties are getting divorced.
5 Benefits of Divorce Mediation:
- Mediation Puts the Children First: Divorce is hard. It’s hard on both parties involved. But it’s even harder on their children. They experience enormous stress about an uncertain future: worries about where they will live, feeling as if they are somehow at fault, being forced to be “in the middle” of a battle between parents. Every letter, phone call, text message, and demand sent back and forth between divorce attorneys can increase the adversarial nature of the divorce. Divorce mediation minimizes this negative aspect of divorce and can greatly reduce the amount of stress that the children involved need to handle.
- Mediation is Private and Confidential: Court is a public forum. Anyone can sit in the courtroom and watch the events unfold during your divorce case: friends, family, neighbors or strangers. When divorce is handled through the courts, it is a public show. Many greatly appreciate the fact that divorce mediation is not open to the public, but instead offers some privacy during a time of intense stress and personal upheaval.
- Mediation is Faster and More Efficient: The courts are busy. They have a lot of handle, not enough staff to handle it and an ever-increasing workload. Getting a court date to resolve issues related to your divorce could take up to a year in some cases. And that’s before you take into consideration that two different divorce attorneys need to be available and agree to meet on the specified date and time provided by the court. It is a scheduling nightmare. In some cases, getting divorced can end up taking years. Divorce mediation, on the other hand, offers the benefit of being much quicker and more efficient. This is not only beneficial, but vital in some cases as a long, drawn out battle in court simply may not be feasible.
- Mediation is Fair and Empowering: When taking your case to court, divorcing parents lose a lot of their power. The power is in the hands of the attorneys representing them and, in the end, the judge who hands down their final decree. With divorce mediation, parents are actively involved in creating the terms and are present during negotiations. They still hold the power in their hands.
- Mediation has a Higher Rate of Compliance: Possibly most beneficial in the long run, divorces handled through mediation typically experience higher rates of compliance. No one likes being told what to do. It could be as simple as that. When people are able to have a say in what is happening, they are more likely to accept it moving forward. This can avoid a lot of drama and stress (and potential expense) in the future as managing non-compliance after divorce can be even more contentious than going to court for a divorce in the first place.
If you want to hear more about the benefits of divorce mediation, get in touch with an experienced family law attorney at The Maggio Law Firm today so we can help you determine if divorce mediation is the best answer for you and your family.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.
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