Why is mediation a good idea?

 

Oftentimes, seeking a divorce in the traditional “courtroom battle” style can lead to a lot of unnecessary frustration and anxiety.  Although there are some couples in the midwest who have no choice but to pursue divorce litigation, (i.e., due to the contentious nature of their relationship), there are others who may benefit from settling their differences through mediation.  Without a doubt, it certainly makes sense for some people to cooperate and avoid the hassles associated with traditional divorce matters, especially when they have children and want to spare them the trauma associated with the often long and drawn out litigation process.  Accordingly, the States of Iowa and Nebraska offers couples the option of mediating the terms of their divorce, which involves the oversight of a neutral mediator to guide them through the process and help them make decisions that work best for them.  In this view, the following are the benefits associated with divorce mediation:

  1. It helps the parties remain in control.  Through the assistance of a mediator, parties seeking a divorce are able to work together in a more effective manner while at the same time, being able to voice their concerns.  In essence, this process enables each party to be heard and validated rather than be left feeling voiceless.
  2. It typically costs less than a traditional divorce case and especially a trial.  Divorce litigation, whether in Iowa, Nebraska or elsewhere, can be extremely expensive considering attorneys’ fees, court costs and other related expenses.
  3. It is customized to your individual set of circumstances.  Through mediation, each party can make certain requests that the other can either accept or reject.  Through effective negotiation, most of the time the parties can seek a resolution of their differences, even if that means having to compromise a bit here and there.  With traditional divorce litigation, the decisions are left to the judge regarding
  4. The terms of your divorce do not become part of the public record.  While the terms of a litigated court matter become part of the public record, mediation and its associated agreements do not.  Meaning, you can rest assured that the public will not be able to access information about your mediated divorce like they would with traditional litigation.  This is especially important for those who may have concerns about their reputations (or both), whether in a personal or professional capacity.
  5. It is more efficient than traditional divorce litigation.   Litigated divorce cases can drag on for months on end when a couple is not able to render decisions on their own.  As such, mediation may be the better way to go as it is quick and does not involve the need to wait on line with the court clerk or having to make numerous court appearances.
  6. It reduces the likelihood of your children experiencing the emotional trauma associated with litigation.  Many times, children pay the biggest price when their parents are going through a divorce, especially when it is litigated.  However, when parties to a marriage decide to mediate, it can spare their children the trauma of having to witness their parents split up and part ways.  While litigation can lead to a significant amount of frustration and anxiety, divorce mediation can help avoid some of these traumatizing emotions and enable the parties to remain calm, cool and collected during the process.  This way, children are spared of being exposed to the litany of negativity that can arise out of a contested divorce matter.