Should you mediate your divorce?

Divorce is a complicated time for everyone involved and is often emotionally and mentally draining. The legal process of divorce can add stress to an already tricky situation, especially in a contentious divorce.

Choosing mediation for your divorce is an alternative to the traditional litigation process. It is a process in which the parties work with a neutral third party to solve their issues. It may not be ideal in every divorce case, as it requires that the parties be at least willing to cooperate and intend to voluntarily solve their problems outside of court.

How mediation works

Mediation is a highly effective alternative dispute resolution (ADR) where the parties meet in a physical or virtual location, either in the same or separate rooms.

With the mediator’s assistance, the parties spend time identifying the most critical issues for each and, ideally, attempting to reach an agreement that both parties can live with.

Benefits of mediation

The benefits of mediation often benefit the parties significantly. It is not only a non-adversarial way of solving problems that supports the relationship between the parties, but it also allows the parties to reach an agreement that more closely reflects their wishes and addresses their concerns. In addition, mediation:

  • Is confidential, cost-effective and less expensive than going to trial.
  • It is less time-consuming. It usually takes a few sessions.
  • Aims to preserve the relationship between the parties, even if they only want to remain cordial.
  • It can offer better and more personalized solutions for the parties.

While mediation is non-binding and the parties are never obligated to reach an agreement unless they choose to, it offers the parties an opportunity to explore the possibility of coming up with solutions on their own.

Divorce is a challenging time for any couple going through it, whether they have children or not. The legal process of divorce is also challenging and can be long and difficult. Mediation offers an alternative where the parties can try to solve their issues with the help of a neutral third-party facilitator.