Choosing to use mediation gives the parties privacy that wouldn’t be present in a classic divorce trial. Everyone going through this emotional journey deserves to have confidentiality when resolving such important issues.
State Law says that no one, not even two parties, can use what is said in mediation against each other in court. What happens in mediation is as confidential as settlement agreements between parties and their lawyers. The promise of privacy is one extremely valued in the field of mediation, which is why most parties that choose mediation choose it for the confidentiality reason.
Encourages cooperation, not competition
What comes to mind when you hear these three words? Lawyers, Divorce, Court. Yes, you think of competition. What about these three words? Mediation, Alternative Dispute Resolution, Collaboration. You probably think of cooperation or mutual agreements, right? The goal of mediation is finding the fastest, easiest solution to a divorce, unlike the typical divorce goal which is to compete for what the other may or may not have or want. Mediators are there to take you through each issue in a collaborative way while remaining neutral and allowing the parties to make the agreements.
The encouragement of cooperation is not only to make this process as quick and painless as possible, but it attempts to get the parties to a collaborative outcome. Arguments cause stress and overwhelming anger. Mediation takes the calmest approach to solving different issues.
Protects long term family relationships
If two parties are arguing, you can be sure that their families are learning about the issues too. Mediation takes a step back from that and tries to provide a new outlook, encouraging cooperation instead of arguing.
Mediation is a process that provides a two-way conversation in order to reach mutual resolution. The mediator will try to provide alternate solutions for the parties to consider while coming up with suitable outcomes. Often couples learn in mediation new ways to communicate with each other in a business-like manner that benefit themselves and their families for years to come.
Benefits children by reducing conflict
Parents going through a divorce strive to do what is right for their children. Mediation provides a less emotional journey for the children, as well as for the parties dissolving their marriage. When parents are more collaborative and less combative, it gives the children a calmer outlook on what the future may bring. The mediation process is an excellent way to achieve a parenting plan that works best for everyone.
Children do adjust to having two loving homes. We are aware that children suffer — not necessarily from the actual divorce but from the intensity and duration of their parents’ conflict (Kelly and Wallerstein, Surviving the Breakup). We believe it is important to find new ways to reduce parental conflict and increase cooperation for the sake of the children.
Establishes a Foundation for Parenting Partnership
Mediation was forged to encourage cooperation, not competition. Since both parties are searching for a simple resolution, the goal becomes mutual, which starts the divorce process out on the right foot. Having the same goals in mind for the children allows the parties to come together to focus on a better future with everyone’s best interests in mind.
A parenting partnership is something that every divorced parent needs to make the transition easier for the children involved. If the parents can get along to support the needs of their children, then each child will have much less stress on their shoulders. If there is arguing between parties while a child is present they may feel as if it is their fault. Focusing on what’s best for the child is critical for a better transition in the divorce process.
Controls Financial and Emotional Costs of Divorce
Most of all, mediation controls expenses both mentally and financially. Financially, mediation costs much less than a typical divorce; there is a reduction in expenses of about two to ten times. This allows the parties to be financially stable to each start afresh and begin a new life.
Emotionally it gives the parties a way to cope in a private yet comfortable environment, where the couple can decide how much or how little to share with their family and friends. Divorce takes a toll on whomever it falls upon, which is why mediation is there to help anyone who needs it.