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Why Divorce Mediation Is Better than Litigation

Tuesday, December, 25, 2012


There are some very clear reasons why divorce mediation is a good idea.  In divorce mediation, a neutral, third-party mediator, who is an expert in family law, allows parties involved in a divorce to work together to determine a reasonable outcome and settlement.  While mediation is useful in many areas of civil and commercial conflict, divorce is an area where this form of Alternative Dispute Resolution can be especially helpful. 

1. Less Costly

The first reason why divorce mediation is a good alternative to divorce court is that it is far less costly than going through litigation.  The cost of divorce litigation has been the financial ruin of many families, and this comes at a time when the family might be already struggling financially due to a separation of joint incomes and joint living arrangements. 

2. Control of the Outcome

The second reason is that in divorce mediation, the parties going through a divorce control the outcome of the settlement—not lawyers or judges.  Especially if both parties are agreeable to working together for their mutual best interest, as well as the best interest of any children that may have been a product of the union, divorce mediation means that you will be in charge of deciding the outcome of the divorce rather than complete strangers. 

3. Personal Attention

The third reason is that in divorce mediation, there is more personal attention given to the couple going through a divorce.  The very structure of mediation allows both parties to state their “side” and provide evidence, giving both the opportunity to be heard fairly.  Also, divorce mediators are trained in the art of re-framing the situation to allow both parties to understand each other’s side more clearly, providing better communication in the process. 

4. Faster Process

The fourth reason—and this is a big one for many people—is that the process of divorce mediation is over faster than the process of divorce litigation.  This means that with faster resolution, you and your former spouse will be able to move on with your lives and resolve the issues at hand so that you can both begin to rebuild again, both emotionally and financially.  You don’t have to wait for court dates or for a judge to be available to hear your case—time most divorcing parties would rather not have to spend in this state of “limbo.” 

5. Confidentiality

The last reason is the confidentiality that is associated with divorce mediation.  You will not have to be in a public courtroom and discuss private issues related to your marriage in front of the judge, officers of the court, and the employees of the court.  You will also not have to stand and wait with other divorcing couples and their attorneys for your case to be heard.