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Can mediation create a more amicable divorce?

Divorce is not an easy process. Ending a years-long relationship, dividing assets and creating childcare plans would be challenging for anyone. For spouses that may no longer get along, this process may seem impossible.

Some couples may turn to mediation. Traditional litigation in a courtroom may only serve to exacerbate these challenges. If two spouses are willing and able to work together, mediation can produce divorce agreements rooted in compromise and collaboration.

The many benefits of a mediated divorce

Mediation offers many benefits to both the divorcing couple and the court system. Judges will rule for mediation if they believe a couple can work out their differences or by request. Either way, spouses will enjoy the following benefits of a mediated divorce:

  • Confidentiality: Often, during negotiations, spouses may throw insults or say things they regret later. Mediated negotiations are confidential, while courtroom cases enter into public record. Mediation would prevent those unfortunate things from resurfacing in future disputes.
  • Convenience: Courts sometimes take months to schedule a divorce hearing, forcing a couple to wait for a resolution. Mediation can happen wherever works for a couple and their mediator, and at a time that works for them.
  • Cost: Without a courtroom, a mediated divorce does not require expensive courtroom personnel. Lawyers often charge reduced rates for mediation and some courts will even cover the cost of a mediator.
  • Choice of mediator: Choosing mediation also means choosing the mediator. Many professional mediators are available for hire. Couples should choose a mediator who can approach the situation from an objective point of view and help each spouse listen to each other and work together.
  • Equitable resolutions: Since mediators prioritize compromise and collaboration, spouses usually stick to the terms of their divorce agreements. A mediator will guide a couple through the discussion with communication and teamwork tools, helping them understand each other’s wants and needs. Both spouses feel a sense of ownership over the resulting agreement, which does not hold anyone “at fault” or issue punitive measures.

Seek legal consultation for more information

Spouses with questions about using mediation for their divorce can find answers with a local attorney familiar with divorce law. A lawyer can recommend mediators and draft comprehensive divorce agreements.

Ihrie O'Brien - St. Clair Shores Trial Attorneys

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