What Makes A Couple A Good Candidate For Divorce Mediation?

What Makes A Couple A Good Candidate For Divorce Mediation?

Marriages can end for a variety of reasons but knowing what those reasons are can be important for the divorce process. Divorce mediation is best for couples separating on amicable terms, or who can at least speak with each other reasonably. Couples with children, aiming to have a cooperative relationship despite the divorce, also benefit more often from mediation. Divorce mediation focuses on the cost of the divorce, in both money and effort, first and foremost.

It Benefits Those Who Part Amicably

Any good divorce mediator will tell you that a couple with children benefit from divorce mediation. One study showed roughly 79% of couples with children who received mediation fought less in the period after their mediation was completed. The children were also asked whether the former couple could cooperate better, or displayed intense arguing before their children, and the study suggested those who sought mediation were more likely to act civil in the child’s eyes.

Divorce mediation also tends to be more forgiving for parents or spouses after the settlement is reached. Arbitration and litigation can set strict guidelines for both sides to achieve, such as child support payment or reparations. These can be harsh or imbalanced for those whose jobs or living situations will be in flux shortly after the divorce, even if the party intending to receive these payments would prefer to show leniency to the other party in the divorce while they recover.

Couples Who Already Know What They Want

Divorce mediation works on the premise that both sides are seeking to reach an agreement. The divorce mediator speaks their mind and helps to outline who is responsible for what costs, and what settlements both parties might receive, but all decisions are reached by the divorcing couple. So, if a couple is unsure of their assets, or simply need a disagreement settled, mediation can help. But when both parties are seeking reparations, arbitration is the better option.

The costs of mediation are lower than the costs of arbitration or civil court. So if both spouses have an idea about what they should receive, and the two beliefs have a large degree of overlap, this can be a sign to use divorce mediation. Divorce mediation is arguably the most cost-efficient manner of settling disagreements caused by the divorce process, and either party can cancel the mediation at any time if they feel that mediation simply wasn’t the right option.

It’s Best for Equals Seeking Privacy

Divorce mediation is best for spouses who treat each other as relative equals during the divorce. Couples divorcing due to domestic abuse or power balances in the relationship should not seek mediation. Most mediators don’t know these circumstances before the meeting, and the domineering spouse can quickly swing the negotiations in their favour. Likewise, victims of abuse often feel validated by speaking to a mediator and become emboldened during the dividing process.

Divorce mediation is also a good choice for spouses who seek an interpersonal discussion with minimal interference. Because mediation focuses on having the two spouses reach an agreement, the meetings are usually restricted to only the two spouses and the mediator themselves. Relatives or friends can be disbarred from the mediation to avoid third-party interests that might muddy the discussion and lead to a more tense, divisive negotiations.

Conclusion

Divorce mediation isn’t a process that is right for every couple. Those who argue about the fundamental elements of the divorce, or whose marriage was short and had few entanglements may wish to skip it. Divorce mediation is also a poor choice for those seeking validation or to prove who’s “right” and “wrong”. But good candidates for mediation include those with children, those who seek a working relationship afterwards, or those who want to keep divorce costs low.

Author of this article is Judith Goldberg   https://judithgoldberg.com/