Divorce mediation has an 80-85% success rate (industry-wide statistic; not based on our firm’s practice) and is rapidly becoming one of the most popular ways for couples to settle their divorce, but what exactly makes it so effective? Why are so many more spouses turning to this method rather than going to court and hiring attorneys?
The answer lies in the main differences between the two methods. Mediation is designed to reach an agreement starting from the very first meeting and creates a much more comfortable, relaxed environment for both parties. Instead of debating about what may happen in court, each party can talk about what is important to them and identify their priorities.
- Productive conversations between parties don’t always take place outside of a mediation setting. Discussions degenerate quickly into anger and yelling matches, especially if it’s a particularly emotional divorce. Having a mediator in the room can keep things focused and moving forward, and provides a neutral third party.
- One spouse (or both) may be stuck on hard bargaining or ‘posturing.’ In mediation, the approach is entirely different; compromise and coordination through fair discussion are the ways couples reach resolutions.
- Mediation helps both parties keep their attention on the issues at hand – not their arguments. Divorce is a deeply personal process, and emotions tend to get in the way more often than not. A mediator helps mitigate some of that through neutrality and fairness, and will even encourage both spouses to step away from the discussion if it gets too heated.
- For many people, discussing their individual needs and feelings helps to clarify the situation and realize what issues are important. Agreements that meet each spouse’s needs are much more satisfactory than a forced edict that neither individual is pleased with.
- Both parties work equally to create resolutions and agreements, meaning that all of the decisions are made with input from both sides. Couples are much more likely to adhere to something they have outlined than an order handed down from a judge.
Divorce mediation helps couples come together to create solutions, not tear their families apart through disagreements. Even the most complex issues can be solved during mediation, including child custody, division of property, visitation, and spousal and child support. Don’t be afraid to give mediation a try before you litigate – you can always choose to go to court if mediation doesn’t work.
Our firm is committed to helping families and spouses mediate their divorces successfully. Give us a call today at (858) 255-1321 to get started.
