| The legal process of divorce is considered adversarial | | | | compared with 14% of non-mediated families. |
| - in the eyes of the court, the husband and wife are | | | | - 93% of mediated couples were satisfied enough to |
| considered to be 'enemies' with opposing interests and | | | | recommend it to others, while only 20% of litigating |
| little to no mutual agreement. While this is a logical | | | | couples could even describe the outcome as 'fair.' |
| approach from a legal standpoint, it has the effect of | | | | - Couples who go through mediation are more likely to |
| exacerbating the already strained relationship between | | | | abide by the outcome than those who are bound by |
| the soon-to-be-ex-spouses. It's not much of a surprise | | | | litigation. |
| that divorces are so often ugly, financially draining, and | | | | Numbers aside, mediation also has many intangible |
| emotionally devastating. | | | | benefits: |
| Enter the idea of mediation. In contrast to traditional | | | | - Mediation is more private and confidential than |
| divorce proceedings, mediation sessions are aimed at | | | | litigation |
| cooperation rather than differentiation; that is, instead of | | | | - Mediation is generally faster, smoother, and less |
| treating husband and wife as adversaries, mediation | | | | expensive than litigation |
| recognizes conflicting interests but emphasizes | | | | - Parent-child relationships are strengthened, rather |
| common goals. With the help of a neutral, third-party | | | | than strained, by mediation |
| mediator, a divorcing couple is encouraged to negotiate | | | | Of course, mediation is not necessarily right for |
| problems and resolve issues with each other, instead | | | | everyone. Like any cooperative process, mediation is |
| of in court. | | | | dependent upon a desire and commitment to |
| More and more couples are warming to the idea of | | | | compromise, understanding, and an open mind. If either |
| mediation, and with good reason. A significant number | | | | partner is unwilling or unable to see both sides of an |
| of studies and statistics have demonstrated the | | | | issue and relax his or her demands, it's likely that |
| benefits of mediation. For example: | | | | mediation will fail. |
| - Non-custodial parents who were involved in mediation | | | | It is also worth mentioning that mediation is an informal |
| were over 3 times as likely as those who did not | | | | process which does not interfere with litigation. In other |
| participate in mediation to see their children at least | | | | words, a couple that tries mediation and finds it |
| once a week . | | | | ineffective is still able to pursue a resolution in court, |
| - Nearly 60% of non-residential parents in mediated | | | | just as if the failed mediation had never occurred. Is |
| families talked with their children on a weekly basis, | | | | mediation worth it? You decide. |