Pros and Cons of Divorce Mediation

 

Is Mediation the Right Choice for Your Divorce?

Whether you initiate divorce proceedings or you are an unwilling party to a divorce, it isn’t the worlds most enjoyable experience.  Even Central Kentucky divorce attorneys know that the process can be challenging for those involved.  Mediation is a good option to consider if you are going through the process and the divorce is uncontested.  Even with some contested matters Kentucky family law attorneys recommend mediation. Here are a few pros and cons of using the mediation process during divorce proceedings.

Pro

Mediation is meant to allow both parties to come together to air grievances to a neutral third party.  The entirety of the exercise is to have someone who hasn’t been wrapped up in this specific situation use his or her past experience to try to find a solution to which both parties will agree.

Con

In contested divorce actions sometimes you just need a judge to divide property, or even debt from the marriage.  Judges are able to review a case and give a final ruling, the same can’t be said for mediation.  In mediation the goal is to find a solution to which both parties can agree.  If the parties are having a difficult time the mediator will try to get agreement on as many issues as possible, but may be forced to tell the parties art the end of the mediation that an agreement cannot be reached.  In that instance family law attorneys will turn to the court to make the final ruling and divide marital assets and marital debt.

Pro

Mediation can save you a lot of money in the long run.  While there is a cost associated with the mediation, you can often save more than you spend when you factor all of the time you have saved sitting in court waiting for your turn to speak before the judge.  Additionally you can take your time and address multiple matters in one session, rather than return to court over matters you may have previously overlooked.

Con

Distance is always a challenge.  If one spouse relocates before the divorce is finalized you may have a more difficult time meeting to mediate your divorce.  Many times Family Court judges will allow hearings to be held over the phone, but not many mediators allow the same.  If a spouse has moved out of state, speak with your attorney to see if mediation is an option or if a final hearing in the presence of the judge is the best option.

Pro

Mediation provides solutions previously unseen to the parties.  Often times the parties involved have been looking at the same situation for so long that it has become almost impossible to find a resolution.  Trained mediators have experience getting parties to examine outside factors that could lead to a great solution for everyone.

For many, mediation is the only option due to the time and money constraints that clients face.  Many judges insist that the parties speak to a mediator provided by the court before the parties are able to come before the bench and ask for a ruling.  With a trained mediator and willing parties, many find that mediation lifts a heavy burden off their shoulders and gives them great peace of mind moving forward.

If you or someone you know is contemplating divorce, contact the A.M.Brown Law Office today.  Call or contact us online to schedule your free phone consultation.