Divorce mediation offers many benefits for couples seeking to end their marriages peacefully. The process is often faster and less expensive, allows the couple to focus on their children and make the divorce easier on them, and enables the couple to keep their proceedings private and peaceful. While using mediation can be advantageous for many couples, it is not the right choice for every situation.
Our team at Claery & Hammond, LLPhas assisted many families through divorce mediation, and we have found that there are a number of conditions that should first be met before a couple seeks this alternative method to end their marriage.
- The spouses mutually agree to divorce. Mediation is very difficult if one spouse does not wish for the marriage to end.
- Neither spouse wants to reconcile in the future. If both spouses recognize that the break in their union is permanent and can set their emotions aside to work together to create a divorce agreement, mediation could be a helpful option.
- Both spouses commit to being completely honest. In mediation, the various issues of divorce must be discussed and an agreement must be created, which is why it is imperative that each party is open and does not hide any information or assets.
- One spouse is not intimidated by the other. It is important that both parties speak up during the negotiations and express their concerns and wishes.
- Both spouses believe the other is a good parent. Mediation is often used to make divorce easier on the children, and determining a custody arrangement is straightforward and uncomplicated when both spouses trust in the parenting abilities of the other.
- The spouses want an amicable split. The couple is far more likely to work together and seek the best for their family if they wish to stay on good terms after the divorce is finalized.
- Both spouses commit to act appropriately. Mediation is most successful when each spouse commits to treating the other with respect, acting calmly and rationally, doing what is best for their family, and allowing the other to fully express their disagreements and desires.
If you believe mediation could be a beneficial method for your family, call our firm to discuss your situation with one of our caring and experienced divorce attorneys. We look forward to assisting you and your loved ones through the divorce process.