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Pros and Cons of Mediation

Can you divorce via mediation?

Mediation is the process of using a third party to act as a neutral buffer between two divorcing spouses so they may reach a favorable agreement regarding the terms of their divorce. Once a conclusion is made by the divorcing spouses, the meditator must prepare a settlement agreement to be signed by said spouses prior to submitting it to the court. While many divorcing spouses may believe mediation is right for them, other divorcing couples may require litigation to successfully divorce from one another. Mediation heavily relies on successful communication between spouses, which is why some couples do not qualify for this type of divorce procedure.

The Positives of Mediation

There are various positive aspects to mediation including all decisions are made by you and your spouse, not the court. You are also in charge of scheduling when you meet for mediation services, as well as how long the process takes. Mediation often takes less time than a litigated divorce, which means it is often more affordable than a court-involved divorce.

You may also be pleased to discover that mediated divorces:

  • Are more relaxed than litigated divorces
  • Allow you to keep your marriage confidential
  • Allow all resolutions to be determined by you and your spouse, not the court
  • Have a higher rate of success than outcomes reached during litigated divorces
  • Allow the you and your spouse to feel more relaxed and in control

Negative Aspects Related to the Mediation Process

While mediation may sound ideal, it is not for everyone.

It is imperative you consider the following prior to attempting the mediation process:

  • Both separating parties must be willing to pay for the costs associated with mediation, as well as willing to participate in the mediation process
  • The mediator cannot offer legal advice
  • Laws are not in place during mediation to protect the separating parties, which means a fair outcome for both parties cannot be guaranteed
  • Urgent matters cannot be quickly resolved, such as child custody issues and finances
  • Hiring a mediator who is not an experienced lawyer could lead to various problems
  • If you experienced domestic violence or suspect your spouse is hiding certain financial information, mediation may not be appropriate

It is up to you and your spouse to determine if mediation is best for your situation. If you determine you need an experienced mediator, look no further than the Ventura divorce attorneys at Cutter & Lax. Our lawyers have more than 30 years of experience and can help you successfully end your marriage. Contact us today to schedule a consultation.

Categories: Family Law, Divorce, Mediation


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