Is Mediation Right for Your Divorce? Pros and Cons
Mediation is a way to resolve a dispute before a judge or jury gets involved and makes the ultimate decision for the parties. When it comes to divorce, there are pros and cons to mediation. A mediator is a neutral third party who helps people come to a mutually agreeable conclusion without imposing a resolution. Before you decide to take the mediation route, read through this so you have a better understanding of what mediation is and how it works. It may be the correct route to take for your divorce.
Mediation Steps
When it comes to mediation there’s a process to follow:
Pre-mediation phase: This is when the parties pick a mediator, decide the date of mediation, and the parties give the mediator the information about the dispute.
The Agreement to Mediate: Both parties and lawyers will be asked to sign this document before the process begins. This document assures the confidentiality of the process and outlines the role of the mediator as well as how the process will take place.
Opening Stage: All parties will say their opening statements, including the mediator and both sides of the dispute.
Negotiation Stage: This is the stage where the parties start to figure out what’s important to each other.
Agreement Stage: This is when the parties have agreed on how to settle the dispute and are ready to make a written agreement.
Post-Mediation: If an agreement is not reached, parties may decide to take it to trial.
Divorce Mediation Pros
All couples are different, but here are some of the pros of divorce mediation:
- Speed- divorce court cases can last from months to years. With mediation, it’s designed for a speedy resolution. Couples come together for one to two meetings and discuss the details in order to find a resolution.
- Reduced Costs- Mediation is less expensive than paying for a whole trial.
- Improved Communication Skills- During mediation, you have to have conversations about all the key details going into the divorce, which may help improve the communication skills between the two.
- More Control- Unlike trials, during mediation, both parties will have the ultimate decision of what happens in the end.
Read More: How Long Does a Divorce Take in Connecticut?
Divorce Mediation Cons
There are many pros to mediation, but along with those, there are cons as well:
- Pressure to Negotiate- Mediators want couples to find resolutions. Therefore this could mean switching off holidays with your children. There will be instances where you will have to find a resolution and if you’re not willing to negotiate mediation is not the right step to take.
- Unfamiliarity- Mediation is a newer process and unlike a trial, a lot of people are unfamiliar with how it works.
- Conflict Risks- Power imbalances make negotiation difficult, if you can’t negotiate clearly with your partner mediation may be difficult to work through.
- Long Days With Spouse- Mediation means sitting across from one another for long periods of time and if you aren’t able to do that then mediation may not be the right option.
- Potential For Regret- You are more in control with mediation and the mediator cannot step in if they think you are agreeing to something unfair. Therefore if you agree to things that you’ll regret later then trial may be the better option for you because the court makes the decisions.
Mediation may be the right process for your divorce but it’s smart to know more about it before you get involved.
Get Help With Your Divorce in Connecticut
If you think mediation is the best fit for you contact Darius Law Group. They will be able to help you when it comes to the mediation process.
