Do Children Fare Better in a Mediated or Litigated Divorce?
Divorce is never an easy process for anyone—this is especially true for the children involved. The worst part of it for most children is feeling the anger and resentment that is always present in the middle of the conflict. Regardless of how well parents attempt to take their fight somewhere the children won’t hear, children are always aware of what is happening.
When divorce lawyers become involved, the situation usually gets worse, especially if there is a custody battle. Even the best of people show their worst sides in the middle of such a battle, and divorce lawyers only manage to make things worse by encouraging each parent to fight harder, be greedier, and play dirty (if necessary) to get what they want out of the divorce.
In a mediated divorce, however, things are handled differently. The mediation lawyers involved are trained in conflict resolution, and never suggest tactics to increase the conflict. This type of tactic would, in fact, be against the very nature of mediation, which is a legal process that encourages communication and dialogue that is aimed to settle disputes in a reasonable, non-vindictive manner.
Since the anger and resentment between the two parties in conflict are kept to a minimum, the children almost always fare better in a mediated divorce than they do in a litigated one. Mediation lawyers are trained to resolve conflict rather than stir it up, which means that the parents involved in a divorce are more likely to reach a calm, rational decision regarding issues such as child custody, and each party is given the opportunity to review with the mediation attorneys what would be best for everyone involved.
Mediation attorneys are familiar with all state laws regarding child custody and divorce, and will be able to communicate these laws effectively to the contesting parties in order to reach a decision that would be best for everyone involved—most especially the children. In addition, since the process of mediation is one in which both parties are given the chance to be heard in a fair manner by a neutral third party, one side is not given unfair advantage because they had the resources to “lawyer up.” This keeps anger and resentment to an absolute minimum and resolves the conflict quickly.