Mediation is an alternative for divorce proceedings if couples do not want to go through traditional litigation. Mediation has many benefits, which is why it is a popular choice.
Although this process of negotiating a divorce agreement is good for many couples, there are circumstances in which it is not the optimal choice.
Advantages of mediation
According to FindLaw, working with a neutral mediator allows couples to stay in control and make the best arrangement for their family and future. The discussions about challenging topics, such as child custody, asset division and spousal support, occur in a low stress environment, and the mediator has the skills to recommend creative resolutions.
The compliance rate tends to be higher for those who choose mediation because the two spouses came up with the plan together. Mediation is also less expensive than court battles.
Disadvantages of mediation
Some couples may think that they must get along well for mediation to be successful, but that is not necessarily the case. If each party is willing to communicate, the mediator can guide the discussion in a calm and conductive manner. However, Money Crashers discusses that mediation is not a good option for couples who are not willing to disclose information about assets or if they refuse to compromise.
Mediation is disadvantageous if there is abuse in the relationship, and court proceedings offer a better layer of protection. Mediation is also not a good option if either spouse is battling addiction because it affects reason and judgment.
Although mediation is less expensive than litigation, there are times in which the couple is unable to come to an agreement. If this is the case, they must start the court process, and this increases the total cost of the divorce.
