The Pros and Cons of Divorce Mediation

Divorce mediation is a great alternative to divorce litigation if the circumstances are right. It allows you to negotiate certain aspects of your divorce out of court, including child support, marital asset division, alimony and other issues that arise.

Mediation has a lot of benefits, but might also not be for everyone. Let’s take a look at some of the pros and cons of going this route for your divorce.

Pros

• Cost: Mediation will generally cost significantly less than litigation, allowing both of you to save money. The longer you spend in court, the more you can expect to pay.
• Less mess: While you will still likely have an attorney guiding you through the process, the mediation process is much less adversarial and messy.
• More control: Both parties have more control over important decisions related to their divorce, rather than leaving their fate up to the court.
• Neutrality: Mediators are required to maintain neutrality throughout the process and are not allowed to provide legal advice.

Cons

• Requires cooperation: For mediation to be successful, there needs to be some level of cooperation on the part of both spouses. If your spouse flat-out refuses to cooperate or be cordial, this might not be the right setting for you to go through your divorce.
• Insufficient for some difficult situations: Certain types of delicate situations may not be able to be effectively resolved in a mediation setting. This includes dealing with a spouse who has substance problems, who is abusive or who is attempting to conceal assets.

For more information about the mediation process and when using it is the right decision, we encourage you to contact an experienced Nassau County divorce attorney at Solutions Divorce Mediation.