Pros and Cons of Divorce Mediation

Get vital information for deciding whether to pursue divorce mediation.

Divorce MediationIf you want to end your marriage, you may have several different options available to you, including same-day divorce, divorce mediation, collaborative divorce, and litigation. Mediation offers many advantages for couples who are able to reach their own divorce agreements with help from a trained mediator. In fact, the California Judicial Branch recently issued a press release officially endorsing mediation as their divorce method of choice for Californians. However, divorce mediation is not for everyone. In this blog we will explore some of the pros and cons of divorce mediation to help you decide whether this method is right for your divorce.

Pros

Less Fighting: Divorces have the potential to become extremely contentious, especially when spouses are pitted against one another in court as adversaries. Mediation, on the other hand, is a collaborative process where there is less incentive to fight. This generally helps to promote better long-term relations between the divorcing spouses, which is much better for any children they may have together.

Reduced Expenses: A significant benefit of mediation is that it can save you money. You don’t even have to hire an attorney—instead you can just hire a mediator to facilitate your agreement. However, you really should consult an attorney for advice about your rights prior to entering mediation. This will ensure you don’t unwittingly agree to any unfair provisions during mediation. You will still save money compared to litigation because you will require far fewer billable hours from your attorney.

Faster Resolution: Given the overloaded state of the civil court system in California right now, your divorce will go through much faster if you don’t have to wait for your day in court to try the case.

Privacy: One final benefit is that while court proceedings are public, mediations are private.

Cons

Risk of Failure: Even with a mediator helping you, you still may not be able to reach a satisfactory agreement with your ex. Maybe they refuse to compromise on some issue that is very important to you. In this case you will end up having to pursue litigation anyway.

Possible Legal Complications: If you aren’t careful, your mediation has the potential to result in an agreement that is poorly drafted and could be challenged later. You can minimize this risk by ensuring your mediator is also a skilled divorce attorney.

Not Appropriate for All Cases: The biggest limitation on mediation is that it is simply not suitable for all situations. If you suspect your spouse is hiding assets, you will need to pursue legal means to get them disclosed. If your spouse is domineering you might need the help of an attorney to stand up to them, and if your spouse has a history of addiction or domestic violence you may need a court order to keep yourself and your children safe from them.