Pros and cons of mediation

by | Jun 29, 2016 | Divorce Mediation |

California couples who are headed for divorce may have several options available in approaching that divorce. They might opt for mediation, collaboration or litigation, and each of these approaches has its advantages and disadvantages.

Mediation is not guaranteed to work. Furthermore, there are some situations in which one person in the divorce may need the protection afforded by litigation. However, in some divorces, mediation might be the best option. Couples should not be forced into mediation, but those who enter it voluntarily and who have good results from it may have a divorce that is less expensive and less difficult. They may also have a lower incidence of needing to turn to legal solutions to negotiate problems that arise after a divorce.

Litigation may be the right solution in other cases. However, just as some couples may feel pressured into a mediation that is not suitable for their situation, it is important that people should not be pushed into litigation. In the wrong circumstances, court battles can escalate conflicts and cause a divorce to take longer and be more expensive. Even if the matter does ultimately end up in court, mediation ahead of time may help couples come to an agreement or closer to an agreement on some issues.

People who are considering a divorce might want to work with an attorney who is open to trying different options. In particular, if children are involved, mediation may help parents work out conflicts that could continue to cause problems after the divorce. Mediation might result in a situation that children have a less difficult time adjusting to. However, if there are issues with domestic abuse or addiction, a person believes that the other spouse is hiding assets, or there are other serious conflicts that mean one spouse might not act in good faith, litigation may be the right choice.