Statistics indicate that half of the marriages in the United States of America end up in divorce. This is a sad reality that we have to live with. Once a person is married legally, they can only be separated by a court of law. A courtroom is a public office that is mandated to hear and settle criminal as well as civil matters. Being that it is a public office, it conducts its affairs openly and freely. The divorce matters are not exempted from this process. Parties have to air their dirty linen in public and settle scores in the full view of the general public. Many couples and their children wish that they could be spared from this muddy process. Well, there is an alternative to having a divorce matter heard in court and that is through a mediation process. This article will discuss the benefits of hiring or appointing a divorce mediator.
The mediation process allows the couple to take control of their separation as opposed to leaving their fate to their advocates and the court officials. Usually, when going through a divorce in court, each of the spouses has to hire their own attorneys. They then confide in this attorney the details of their case so that the advocate can prepare a defense on their behalf. The attorney will then represent their client in court based on the information they have gotten from them. If for any reason the attorney misses any important facts, they will weaken the case of their client. The attorney has to have every detail concerning the marriage life of the couple and their relation with the children on their fingertips. Instead of leaving one’s fate in the hands of an advocate and eventually the judge, a couple can change this through mediation.
Mediation provides the couple with a closed-door session where they can air their issues privately. Mediation sessions can be equally as heated as the court process usually are. However, an experienced mediator ensures that emotions do not spill over and frustrate the process. The beauty of meditation is that the parties do not have to involve any advocates. This lowers the cost of the divorce process substantially as both parties eliminate legal costs. Further, the mediation speeds up the divorce process. Unlike a court process where the couple has to move with the court calendar, the mediation process is faster. If the mediator’s calendar is open, the couples can even meet on a weekly basis in order to speed up the matter.
Advocates are used to aggressive and decisive court battles. This attitude is not appropriate in a mediation process. The mediation process encourages a lot of negotiations and a give and take attitude. Here, the winner takes all attitude is highly discouraged. This is actually a conducive environment to negotiate on sharing of marital property. In addition, the couple can civilly negotiate on the best child custody modality. At the end of the mediation session, the couple may open up communication lines and behave more amicable towards each other. In essence, the couple is in control of their divorce course and its outcome in totality.