Mediation: The simple option in separation and divorce

If divorce is one of the most emotionally draining experiences, then why would a spouse choose a process that will exacerbate the stress, prolong the pain and add unknown costs? 

When spouses choose to take their divorce to court, they are making the choice to: 

• relinquish control over their (and their children’s) lives, 
• select the most expensive process and appoint an unknown professional (judge) with unknown credentials and who has little to no understanding of the particular family (other than what the lawyers or court documents reveal).

The court rules establish preconditions, requirements and rules that are applicable to all divorces irrespective of the unique circumstances of any one family.  That is, the court system provides a one size fits all approach to resolving divorce.

Why mediation produces better divorce outcomes

Unlike the court presided divorce procedure,, a mediator can design a process that uniquely meets the needs of the family, spouses and children. Divorce mediators can deviate from the strict application of the law and use creative problem-solving to help spouses craft their own solutions, also known as self-determination. 

In ways that are not possible for judges, divorce mediators are able to invest the required time to build trust with each spouse and, through active listening, to learn the family’s unique problems, needs and challenges. 

Because the issues involved in a divorce can impact families for decades, it is critical that the mediator chosen is well-versed in family law and conflict theory and has strong negotiation skills.

For all the above reasons, divorce mediation is the one process that is most suited to the financial, emotional and psychological needs of the family. 

Mediation is also customized to the schedule of the family, unlike litigation which is otherwise unable to accommodate the work schedule of the family, the school and extracurricular schedule of the children and other important obligations. Couples in mediation agree to their own schedule and timeline.

Increasingly, separating spouses are discovering that divorce mediation is the safest, fastest, and least expensive process. But moreover, mediation is the one process that leads to the greatest future health of the family unit.

Do you need help filling out divorce papers?

Choose SplitEasy’s online platform for filling and filing divorce paperwork. We take all the stress and unnecessary costs out of the divorce procedure. Here’s how the process works.