There are some circumstances in which judges order divorcing couples to participate in meditation before bringing their cases to court. However, many couples simply choose the mediation path without having to be ordered to do it.
Here are a few of the most common reasons people choose to mediate.
Cost: Mediation is significantly less expensive than going to court with your divorce, as it doesn’t take as long and there aren’t as many legal costs associated with it.
Communication: The mediation process encourages you and your spouse to communicate. The strategies you learn during mediation can help you avoid future conflicts and can be useful if you will be co-parenting together.
Control: One of the biggest benefits of mediation is that you and your spouse control the process and outcomes rather than leaving it up to a judge.
Legal guidance: You can still retain attorneys to advise you during the mediation process so you don’t have to worry about accepting an arrangement that actually is not in your best interests.
Confidentiality: Unlike court cases, there is no public record of what happens at mediation or the decisions you reach. Everything remains strictly confidential, which helps you protect your privacy.
Settling: The majority of mediations end with all issues of the divorce being settled.
Freedom: The process of mediation is very free-form in nature, allowing you to reach resolutions based on your own processes and what you believe to be fair for your situations.