27 May How Do You Know if Mediation Is Right for Your Divorce?
The stereotypical image of divorce is one of a highly charged adversarial process with two parties destroying each other when divvying up the marital assets. But this doesn’t have to be the case. There are alternatives to the highly adversarial judicial process that comes to many people’s minds when imagining divorce. Rather than going through a courtroom setting, parties to a divorce can choose instead to mediate their divorce, coming to an amicable solution that they can both agree upon instead of leaving the decision up to a judge.
How Does Mediation Work in a Divorce?
Mediation in a divorce is no different than mediation in many other situations. Parties come together before a neutral third party who helps them through making difficult decisions, often serving as a guide to helping parties express their wants and needs. Mediators are not the final decision maker; parties have to agree on the outcome and it still must be approved by a judge. However, the parties involved in a mediation are able to participate to a much higher degree and exercise a degree of control that would not be possible in a courtroom setting. In fact, more than two-thirds of mediating couples report that they are satisfied with the outcome of the divorce mediation process. Not only that, but these agreements were more likely to be successfully carried out and upheld by both parties at rates higher than those ordered by a judge.
Divorce Mediation Is Not Right for Everyone
Not every divorce should be done through mediation, however, no matter the reported benefits. Certain couples simply cannot and should not go through mediation due to their situation. Some of these situations are obvious. Couples who have had difficulty with physical or mental abuse in their relationship should not go through mediation. In cases of abuse, the two parties cannot mutually cooperate. On the opposite side, couples where one spouse is dominant and the other submissive should not go through the mediation process, as the potential for abusing the process is very high.
The ideal candidates for divorce mediation are those couples whose divorce is mutual. These couples are those who are both unsatisfied with the marriage and do not necessarily blame the other spouse for causing the divorce, or, if they do, are able to put aside anger and unconstructive emotions enough to be able to sit down and discuss the couple’s living, financial and family situation. For these couples, sitting down and discussing their issues going forward amicably would allow them to stay on decent terms with each other and move ahead smoothly into the future.
Only Experienced Attorneys Can Help
There are numerous other benefits of going through a divorce mediation instead of litigating, but you will not know what is best for your situation until you consult an attorney. The law firm of Klok Law Firm LLC in Mt. Pleasant, South Carolina has the experience to help you successfully through your difficult times. We can be your guide through a divorce and mediation, giving you all the tools you need to succeed when moving forward with your future. Contact us at (843) 216-8860.