When Is the Right Time to Consider Divorce Mediation Services?

When Is the Right Time to Consider Divorce Mediation Services?

January 1, 2024

By FairWell Family Law Mediation

For many couples, controlling the outcome of their divorce proceedings is highly desirable. We look at the best time to use divorce mediation services.

It’s estimated that 40%-50% of first marriages end in divorce. The divorce rates for second and third marriages are even higher – 60% and 73% respectively. Whatever the reasons for ending the marriage, a lot of divorces involve long and bitter court battles.

But what if there was an alternative way to end your marriage peacefully? This is where divorce mediation services come in.

They involve working with a neutral third party, called a mediator, to reach a mutually acceptable agreement on the terms of your divorce. Rather than make decisions for you, the mediator helps you communicate more effectively. This makes it easier to identify your interests and needs and explore various options to resolve your issues.

This blog post explores instances or reasons why divorce mediation is a good idea. Keep reading to learn more.

You Want to Avoid Court

Going to court can be expensive, time-consuming, and emotionally draining. You have to deal with lawyers, judges, witnesses, evidence, and legal procedures that can be confusing and intimidating.

There are also court schedules and rules that you have to adhere to, even though they may not suit your preferences or needs. Not to mention, couples have to accept the court’s decision, which may not reflect your wishes or interests.

Divorce mediation, on the other hand, allows you to avoid court altogether. You can schedule your mediation sessions at your convenience and pace.

There’s the freedom to choose the location and setting of your mediation. More importantly, you have complete control over the outcome of the divorce.

You Want to Save Money

A court-based divorce is an expensive divorce. It comes with many costs: legal fees, court fees, expert fees, and other expenses that add up quickly.

In fact, a survey by Nolo estimates that the cost of a contested divorce in the U.S. is $15,000 per person, while the average cost of an uncontested divorce is $4,500 per person.

Divorce mediation saves you money by reducing or eliminating many of the costs associated with traditional divorces. For starters, you don’t have to hire lawyers or experts to represent you. There’s also no need to pay court fees or other administrative costs.

The only cost you have to worry about is the mediator’s fee, which is usually much lower than a lawyer’s fee. The same survey by Nolo referenced above estimates that the average cost of divorce mediation in the U.S. is $1,500 per person. That’s thousands of dollars in savings!

You Want an Unbiased Third Party

It’s not always easy to negotiate, especially with strong emotions involved. Strong emotions like anger, hurt, resentfulness, and distrust often get in the way. Not to mention, conflicting perspectives and expectations only make negotiations more difficult.

Divorce mediation can help you overcome these challenges. It provides an unbiased party who can facilitate the negotiations more effectively. They are not on any one person’s side or favor any one side. The mediator’s role is to help you understand each other’s views and interests, clarify any misunderstandings or confusion, and guide you toward a fair divorce process.

You and Your Spouse Have Trouble Communicating

Communication is essential for any relationship, especially for a marriage. However, communication can break down or become ineffective when a marriage is in trouble.

It becomes hard to talk to each other without arguing during the divorce process. Moreover, many couples avoid discussing important issues or hide information from each other. But divorce mediation eliminates those communication issues.

It creates a safe and respectable space for dialogue. The mediator makes it possible for both spouses to express their thoughts and feelings.

When everyone feels heard and understood, there are fewer conflicts and misunderstandings. This increases cooperation, resulting in an amicable divorce.

You Have Joint Assets or Children

One of the biggest challenges of divorce proceedings is dividing assets, liabilities, and parenting arrangements. Everyone has different opinions on property, income, debts, expenses, and other matters that should be divided. The same applies to shared custody, visitation, child support, alimony, and more.

Divorce mediation can make it easier to resolve these issues by helping you identify and prioritize your goals and concerns. The mediator can help you explore various options and scenarios that can meet both your needs and interests.

You also get help weighing the pros and cons of every option and scenario. The divorce arbitrator will help weigh them against both your goals and concerns. This goes a long way toward reaching an agreement that reflects both your values and preferences.

You Want Privacy

A court-based divorce is a public matter that can expose your personal and financial information to anyone interested. Your divorce records, documents, and proceedings can be accessed by the media, creditors, relatives, friends, and the general public. This can affect your reputation, your relationships, and even security.

With divorce mediation, there is an increased level of privacy. The process eliminates the need to disclose any information you don’t want to disclose. The number of documents or records you’re required to file is minimal.

You don’t even need to testify or answer any questions that you do not want to answer. As agreed during the mediation process, the sessions and agreement remain private.

You Want a Tailored Solution

A court-based divorce is a standardized process that applies the same rules and laws to everyone. The court rarely takes into account your circumstances, needs, or preferences. It only considers what is fair and equitable according to the law, which may not be fair and equitable to your circumstances.

Divorce mediation can help you create a tailored solution that suits your unique situation, needs, and preferences. The divorce agreement can be customized based on what works best for you and your family.

Mediation also provides room to address any issues important to you but not covered by the law. These include religious, cultural, or personal matters.

In Need of Minnesota Divorce Mediation Services?

If you saw yourself in any of the signs we covered, divorce mediation services may be right for you. Our team of experienced divorce mediators can help you end your marriage fairly, avoiding an ugly court battle. We offer free consultations to discuss your situation and see if our mediation services are a good fit.

Feel free to reach out today to schedule your free consultation.


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