Divorcing couples usually disagree about the details of their divorces. Unless they have already signed clear marital agreements, each spouse may have vastly different expectations for the divorce process.
Those expectations can lead to significant conflict and may leave people feeling as though they have to take their disputes to family court. Divorce litigation is always an option. Judges can learn about the marriage and then apply state statutes according to their understanding of the situation.
Still, many couples prefer to avoid litigation when possible. Mediation is a form of alternative dispute resolution that divorcing couples can use to settle their disagreements about financial matters and issues related to their children. Why do divorcing couples decide to mediate instead of litigating?
Minimizing conflict
Especially when spouses expect to see each other regularly after the divorce, they may want to avoid the scorched-earth tactics sometimes used during litigated or contested divorces. Mediation requires communication, cooperation and compromise. It can therefore help reduce the level of conflict in the divorce and pave the way for a functional relationship between the spouses in the future.
Preserving privacy
Divorce often requires the discussion of very intimate matters. From personal habits and financial woes to allegations of infidelity, abuse or addiction, many private issues could have a bearing on the outcome of divorce proceedings.
If couples litigate their divorces, they have to discuss those private, potentially embarrassing matters in family court. In mediation, spouses have the opportunity to discuss challenging issues in a confidential environment. What they disclose in mediation can affect the outcome but is not subject to disclosure later.
Ensuring specific outcomes
Many people set one or two specific goals before they divorce. Those goals may be financial or may have to do with child custody.
In a litigated divorce, there is never any guarantee that either spouse achieves the terms that matter most to them. In mediation, however, spouses have the opportunity to cooperate with one another and take control of the entire process. They can sign a binding agreement that includes the terms that matter most to them.
Divorce mediation can be useful even in cases involving high levels of conflict. Exploring alternatives to litigation can help people feel more empowered as they navigate the end of a marriage.