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With mediation, divorce can be constructive, not destructive

One of the main worries a divorcing couple has is that once they enter the courtroom, their privacy will end. Traditional divorce is not only public, but also lengthy, expensive and sometimes destructive to future family relationships.

However, there is an option. Even with the involvement of significant assets, you can consider mediation, a more constructive, less adversarial form of alternative dispute resolution.

Litigation issues

Lack of privacy for what is a very personal process is a leading problem with divorce litigation. You or your spouse may have a job or even own a business that requires confidentiality. Unfortunately, confidentiality disappears in a public courtroom. In a high-asset divorce, the proceeding may also go on for months, if not years, while attorneys sort out who should get what during the property distribution phase. Of course, as time goes on, the expense of the divorce mounts. If there are sticking points, and there undoubtedly will be, you and your soon-to-be-ex will have to abide by the decisions the judge makes.

Mediation makes a difference

Because of the many concerns with litigation, mediation is gaining in popularity for couples at all income levels. The mediator, a neutral party specially trained in this form of ADR, will help the two of you reach common ground and arrive at a fair settlement. Mediation sessions--for there are usually more than one--are held outside of court. No judge will be present. You will meet behind closed doors, and the entire process will be completely confidential. It will also be much faster and less expensive than litigation. You will set the pace.

Looking ahead

Mediation is a process that gives you control over your divorce from property distribution to parenting time particulars. It is a shorter and much less expensive private alternative to litigation that is less stressful for the two of you and your children. The tone is cooperative rather than confrontational, constructive not destructive, and most couples find that mediation provides a sound basis for maintaining family relationships going forward.

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