There are multiple ways to resolve disagreements about divorce terms. Litigation is the solution in cases where spouses don’t reach an amicable agreement with one another. Those who do not yet agree on divorce terms but who want to pursue an uncontested divorce may benefit from attending mediation together.
What circumstances might make mediation a particularly valuable option for couples contemplating divorce?
1. Concerns about privacy
Perhaps one spouse has a substance abuse disorder or has accused the other of domestic violence. Those issues could have a profound impact on the outcome of the divorce process and also the reputations of the spouses. Couples who attend mediation together can discuss unusual concerns in a confidential environment instead of sharing those issues in open court.
2. The need to preserve a functional relationship
Divorce litigation often leads to a scorched-earth approach that causes permanent relationship damage. Spouses who work together, belong to a close-knit cultural community or share children with one another may need to see each other frequently even after they divorce. The cooperative approach encouraged in divorce mediation can make it easier for couples to maintain a healthy dynamic even after the marriage ends.
3. The need for specific outcomes
Perhaps there’s a child with special needs in the family who requires very specific custody arrangements. Maybe the couple shares high-value assets that they must divide with great care to avoid diminishing the overall value of the marital estate. In scenarios where people aspire to retain control over the outcome of the divorce process, mediation provides them with an opportunity to prioritize specific terms by working together.
Participating in divorce mediation can allow people to divorce more quickly and with greater control over the final outcome. Spouses who successfully mediate their disputes can file uncontested divorces.