Divorce does not necessarily need to be a messy, difficult process. Married couples who have decided that the relationship is no longer healthy and functional also have the option of divorcing amicably through an uncontested divorce.
So long as spouses can agree on all of the major terms for ending a marriage, they can theoretically divorce without litigating. Frequently, even those who would prefer an amicable divorce do not agree on everything with their spouses. Divorce mediation can be a way to settle disagreements and arrange for a more peaceful, uncontested divorce.
There are many benefits to undergoing mediation as a way to resolve disagreements about property division, financial support and child custody. The following are some of the most significant benefits of divorce mediation.
A confidential setting
Spouses who still disagree on a few details about their divorces often have reasons for their disagreements. For example, perhaps the dispute is about property division because of how one spouse spent money during the marriage. In a confidential mediation session, spouses can discuss the uncomfortable details that they believe should influence the outcome of their divorce proceedings.
Facilitated negotiations
During standard divorce negotiations, each spouse or their representative attorneys fight for what they believe is fair and reasonable given the marital circumstances. This oppositional approach might mean that spouses fail to settle disagreements and end up taking matters on the court. A mediator plays a crucial role by remaining neutral and helping couples find ways to compromise with each other on the issues underlying their disputes.
Control over the outcome
When couples decide to litigate, they give up more than just the possibility of a peaceful divorce. They also forego control over the process. A judge makes all of the major decisions in a litigated divorce. There is very little certainty about the outcome of litigated divorce proceedings, as judges have significant discretion related to property division and other key marital matters. When mediation works, spouses sign a binding agreement. They have total control over the outcome and can therefore prioritize securing certain terms that matter to them.
Undergoing divorce mediation can potentially help people to control costs and keep things calmer as they sort out their disagreements related to the end of a marriage.