The ADR (Alternative Dispute Resolution) process, also known as mediation, allows the divorcing couple to not go through court processes and accept a mutual settlement agreement. In fact, most divorces settle without reaching the courts.
The mediation process involves a mediator who is a neutral third-party person who helps you reach the settled agreement. It is also helpful if the mediator is a divorce mediation attorney too. The mediation process has so much to offer, but there are specific pros and cons mentioned below.
The pros and cons of divorce mediation
- The pros of divorce mediation
- Not so cheap but less expensive process than litigation
The mediation process is less expensive than the litigation process because both parties have to go to court for a settlement. Even if you hire a skilled divorce attorney, mediation preparation will still be less than the standard divorce process, which requires a court appearance.
- Voluntary
The process is absolutely voluntary as no one forces you to agree on something unacceptable to you. The mediation allows the divorcing couple to feel a sense of independence and ownership, making the parties comfortable while making decisions and compromises.
- Saves time
Mediation usually takes significantly less time to complete than litigation. It saves time attending hearings in courts or meeting with several lawyers. Scheduling a mediation session also takes less time than getting it done on the court’s docket.
- Informal
Both parties feel more at ease and involved in mediation because it is an informal process. Nothing will be pressured on both the parties to agree on something which is not comfortable for them.
- Cons of divorce mediation
- It does not provide legal advice.
The mediators who help the parties come up with an agreeable settlement are often neutral third parties. They do not have any role in giving legal advice to any parties. If you go for mediation without consulting an experienced legal counsel on your side, you may face problems and make decisions that will haunt your and your children’s future.
- It is not for every couple.
If your spouse is non-understandable and unwilling to compromise on an issue, mediation will not be a good choice. Your lawyer will determine if mediation will actually work for you.
- You will have to proceed to court if mediation fails.
If your divorce was not successful in mediation, your divorce will take time and can be more expensive when you proceed to court. It does not mean that mediation leads to a failing settlement which will be useless, but it will give you a better feeling to understand what will come next.
