Every couple preparing for California divorce proceedings has different reasons for divorce and different concerns about the process. Spouses often default to an adversarial approach to divorce. They fight with one another and may end up litigating in family court.
However, litigation is far from the only option available to those preparing for the end of a marital relationship. Spouses also have the option of mediation. Divorce mediation can help people who do not currently agree on the terms of a divorce work out their disagreements and prepare for an uncontested filing. Mediation offers a host of potent benefits, including the five valuable benefits outlined below. Learning about the benefits of mediation can help people see the possible value of cooperating with their spouses during divorce.
Lower overall costs
People sometimes assume that mediation is expensive. After all, they have to pay for the services of a legal professional who acts as their mediator in addition to covering basic divorce costs and the fees of their individual lawyers. When mediation is successful, spouses may find that they pay less for the divorce. Uncontested divorces typically cost a fraction of what litigated divorces cost.
A confidential process
Traditional divorce litigation forces people to make many disclosures in court. They have to provide information about their finances and assets. They may need to testify about marital issues that are deeply personal. Unlike divorce litigation, mediation is a confidential process. Spouses can talk about their major concerns without them becoming part of the public record.
Enhanced spousal control
Litigated divorce can be a very disempowering experience. Spouses have to hand over authority to judge who decides how to divide their property and their parental rights. When couples choose mediation, they can set their own terms. Each spouse has the option of compromising in certain areas and pushing for certain terms that matter the most to them.
A faster divorce timeline
Litigated divorce proceedings can take more than a year to resolve in some cases. The more family law cases waiting for a judge’s review and the more disputes spouses cannot resolve with one another, the longer it may ultimately take to address all of their disagreements. Mediation is often much faster, with some spouses resolving their disputes in as little as a single mediation session.
Reduced stress
The ability to control costs, maintain privacy and prioritize specific terms can reduce how stressful the divorce process is for the spouses. The reduction in conflict can also make it less stressful for spouses to raise their children together after they divorce.
Exploring the potential benefits of divorce mediation can help people determine whether mediation is a realistic option given their current circumstances. For many couples, mediation is preferable to a traditional, litigated divorce.
