Divorcing? Try Mediation Before Litigation

Let’s face it, divorce can be painful, messy, and expensive. Luckily, there is an alternative to make it less volatile and more affordable.

Mediation is a fantastic  alternative to litigation when you’re getting divorce. It provides a gentle process, a more productive approach to navigating the choppy waters of divorce. Mediation usually ends up being less stressful, less costly, and easier on everyone involved.

To facilitate a low-stress process, a mediator is independent, there to serve both parties as a unit in facing the conflict they find themselves in. In a divorce, that means the mediator meets with both spouses, learns about their positions, and helps them both to work out all the details of the divorce together. It is the job of a mediator to remain unbiased in every case; he, she, or they are not there to side with either party. Mediation strives for an amicable arrangement, which serves all parties equally. See our proprietary service: The Productive Divorce

There are some significant benefits of choosing mediation instead of litigation. The five most compelling reasons to choose mediation follow:

It Is Less Stressful

Mediation can be far less stressful than regular divorce proceedings. Litigation may be fraught with frequent attorney meetings, court appearances, and multiple confrontations. The idea behind mediation is to promote friendly cooperation that is beneficial to everyone. The mediator’s job is centered around the duty to help all parties come to an agreement over the terms of the divorce, as well as to ease tension, remove emotion from the process, and help both sides behave amicably.

That also means less stress on the whole family. If kids are involved, they will benefit from mediation. Jobs will also feel the benefits of mediation as people going through a divorce tend to be more distracted and less efficient overall. If your mediation goes smoothly, your divorce should not negatively affect any other areas of your life. The reduced stress factor alone is a huge benefit for choosing mediation.

It Is Less Expensive

On average, mediation costs 40-60% less than a typical divorce. Because a mediator is not a high-priced attorney and the proceedings are simplified, mediation can be much less expensive than divorce.

The cost of mediation depends on the complexity of splitting the issues at-hand, such as assets to be divided, child visitation schedules, and other complex concerns. Even in complex cases though, the cost should be much less than litigation.

It Is Quicker and More Flexible

A long, complicated divorce can drag on for months (sometimes even years!) in court. Mediation is meant to be quick, efficient and flexible.

Due to the relaxed process, the lines of communication are kept open and allow for brainstorming of unique solutions to plan for myriad situations at once. This flexibility allows for a swift and cooperative approach rather than combative engagement where everyone is left feeling exhausted and dissatisfied.

You may find that you have options available to you in mediation that a court-centered divorce does not allow. If you and your partner agree on the details, you can pretty much dictate t terms for the dissolution of your own marriage. This flexibility can ease a lot of tension during negotiations.

It Is Private and Confidential

Divorce is aired in a public courtroom. It makes anyone present privy to the intimate details of something incredibly personal. There is very little privacy for individuals who choose to use the court system for divorce. No one wants his or her dirty laundry aired in public.

A traditional divorce may not be the best option for people who value their privacy.

One of the most desirable benefits of mediation is that it is completely private and confidential. Participants may not ever have to show up in court. The mediator handles all the paperwork, document signing, and filing, and each person’s privacy is ensured.

Your mediator will hold sessions in a mutually-agreed-upon location which is private, and comfortable. No one except your mediator will hear or ever know the details of discussions that take place during your sessions. The only documents the court will receive are the final, signed, agreed-upon divorce details.

It is Child-Centered and More Peaceful

Another significant benefit is the child-friendly aspect of mediation. Due to the cooperative nature of mediation, custody issues and visitation are all negotiated and agreed upon quietly. Children are less affected and do not have to appear or testify in court on either parent’s behalf which cna be damaging to a child.

This one benefit might be the most important.

Protecting children from the messy details of their parent’s divorce is priceless. Choosing mediation may help your child stay happy and well-adjusted, despite your family’s new circumstances.

Unlike with traditional divorce, most people who use mediation feel satisfied with the results and the process itself. You will most likely feel safer, more confident and in control of the process.

Divorce can be extremely challenging and painful. Mediation presents a much better option by making it less stressful, less expensive and is more comfortable for the whole family.


If you are interested in pursuing a productive divorce with a mediator, Contact Us asap.

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