Why divorce mediation is appealing to many divorcing spouses

Why do many divorcing persons in Georgia and elsewhere across the country automatically state a desire to proceed to the court system when they decide to dissolve their marriage?

One family law attorney points to what he sees as a primary reason, with his view likely echoed by many other divorce lawyers. He says that soon-to-be exes are often simply unaware that alternatives to court exist for parties seeking marital dissolution.

In fact, they do, and notwithstanding that a clear majority of divorcing spouses still opt to go through a formal litigation process to untie their marriages, increasingly more couples are availing themselves of avenues that are less adversarial.

In addition, alternative dispute resolution processes like divorce mediation and collaborative divorce frequently result in comparatively faster and cheaper decouplings, two benefits that obviously appeal to many divorcing parties.

And there is one additional factor that is especially attractive for many couples who become familiar with the details of these litigation alternatives. As noted in a recent law journal article discussing divorce mediation and collaborative law, “many people find solace in reaching an agreement that all parties had a role in shaping.”

That latter point is what many people find especially attractive about litigation-free divorces. Litigants involved in adversarial courtroom disputes often note their perceived feelings of helplessness throughout the process, with their lack of autonomy over input and outcomes being a source of considerable stress and frustration.

Of course, mediation or collaborative law is not a ready panacea to litigated divorce in every instance. Some couples strongly prefer that their divorce outcome be fashioned in court and with final input from a judge overseeing a process.

In many instances, though, litigation alternatives in divorce are strongly viable options for couples who can work together throughout the process. A divorce attorney with strong experience in family law mediation can answer questions and help a client make a reasoned decision about the divorce process.

Source: Buffalo Law Journal, “Mediation on rise in matrimonial cases,” Michael Petro, June 17, 2014

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