What is Divorce Mediation?

One of the reasons why people delay their divorces is because they are unsure of what the outcome will bring. Sometimes, they are afraid of a long, drawn-out divorce that drags through the Courts for months on end. Other times, they’re afraid of it costing them tens of thousands, if not more.

Not only is divorce litigation costly, but it can be very stressful for all parties involved, especially if the couple has children. When a divorce is contested, it almost always leads to increased legal fees and Court costs, which means the marital estate takes a direct hit. One alternative to divorce litigation is divorce mediation, which is one of the most practical and cost-effective methods of negotiating a divorce settlement.

How Divorce Mediation Works

With divorce mediation, the spouses can hire a Mediator together, or the spouses and their respective divorce attorneys can hire a neutral third party, a Mediator, to meet with them in an effort to help the divorcing couple negotiate a fair divorce settlement.

The Mediator is not an Arbitrator or a Judge; he or she does not make decisions for the spouses. Instead, the Mediator facilitates negotiations and help the spouses resolve their divorce issues in a safe, non-hostile environment.

If you’re considering divorce, you may be afraid of it becoming confrontational and adversarial, and it’s only natural to feel that way. No one likes to lose control, especially when it comes to child custody and parenting, asset division, and alimony. Mediation takes a settlement-minded approach and from the start, the focus is on mutual respect and reaching an outcome that both spouses are satisfied with.

Benefits of mediation:

  • It is a lot less expensive than litigation.
  • It is much less stressful than a contested divorce.
  • For couples with children, it usually produces a much less stressful environment, which benefits the children tremendously.
  • It is confidential and the sessions are not public record.
  • The process can improve communication between you and your spouse and encourage healthy communication after the divorce.

While we recommend Mediation for many couples, it isn’t for everyone. If you have experienced domestic violence in your marriage, Mediation is probably not right for you. For example, if your spouse is controlling and manipulative, he or she can choose Mediation specifically as a method of delaying paying child or spousal support. In this case, the process can be abused to your disadvantage.

Mediation can be very powerful and cost-effective. Don’t reject it if you and your spouse don’t see eye-to-eye on every aspect of your divorce. Many couples have disagreed on certain issues initially, only to reach an amicable resolution with the assistance of a trained Mediator. To learn more about divorce Mediation, we invite you to contact our firm to meet with a New Hampshire family law Lawyer.