Although certain states might not promote divorce mediation because of religious reasons, it is still widely accepted in most parts of the U.S. Marital mediation involves a couple sitting down with a neutral mediator and discussing various issues in order to complete a divorce amicably.

Advantages

There are several types of divorce mediation, but all provide a host of advantages to a couple seeking divorce. Irrespective of the particular style of chosen by the mediator, the process itself offers confidentiality and flexibility to the couple. It provides a platform so couples can resolve conflicts amicably and continue as parents even after the divorce. With divorce mediation, couples are in greater control over the outcome and resolution of the divorce. It provides minimal conflict unlike an adversarial divorce, which can often turn nasty. This method of mediation also enables couples to reduce tax bills, resulting in stronger finances.

Role of the Mediator

In divorce mediation, the mediator is a neutral third party who cannot solicit advice or function as a lawyer for either person. The mediator only has the authority to remind the couple via open sessions to become aware of their goals as part of the divorce. The free and open information exchange between the couple via the mediator eases negotiation. Since the couple will be going through the separation mediation with similar information to draw upon, it results in quicker resolution of cases. The result of this mediation is also mutually agreeable and beneficial to the couple. It is also possible to include your lawyer during the mediation if you wish. Since divorce mediation is a voluntary exercise, it will continue for only as long as the couple and the mediator want the procedure to continue. The mediator can withdraw only after providing a valid reason, while the couple can withdraw at any time even without citing any reasons.

Common Myths

There are several myths associated with divorce mediation. Many people think this method allows one spouse the ability to dominate another. In reality, a professional, reputed mediator will work to ensure balance in power for both spouses. Another myth is that women do not obtain an advantage. On the contrary, couples get to negotiate several non-legal aspects of a case, often helping the woman to reach a satisfactory result. Other common myths associated with divorce mediation include slowness in processing, more hassles, and the inability for lawyers to participate. In reality, this process provides speedier results, is less expensive, provides a streamlined, easy way to negotiate, and helps both spouses arrive at mutually acceptable solutions.

While divorce mediation tends to work well for a majority of couples, hiring a lawyer might be a better option in situations involving substance abuse or domestic violence. This is because it would be difficult for a direct negotiation in such instances.