Divorcing couples may choose to mediate their disputes for many different reasons. Sometimes, they don’t want to wait for a court date to litigate. Other times, the privacy of mediation may be the most appealing benefit.
Mediation is a confidential process. Anything shared in mediation has protection from disclosure in the future. Even if the mediation is unsuccessful and the spouses end up litigating, they cannot typically leverage mediation conversations during litigation. Privacy can be beneficial for anyone going through a difficult transition, but there are certain people who may find the confidentiality of mediation particularly appealing.
Who may particularly want to consider mediation as a means of resolving divorce disagreements?
Couples with children
When a divorce involves minor children, the potential for conflict is often higher than usual. Parents have to think carefully about what their children witness and how much pressure they experience. Witnessing the conflict between parents as they prepare for litigation can be very difficult for children. Older children and teenagers may also fear the need to express their custody preferences in court. Parents who successfully mediate shield their children from conflict and eliminate the need for them to weigh in on custody terms.
Spouses dealing with substance abuse
Addiction and even occasional substance abuse can damage a marriage. Someone who drinks to excess or consumes drugs can become volatile. They may waste marital resources. If one spouse files for divorce because they can no longer quietly abide by the other’s substance abuse, mediation might be a viable option. Instead of discussing private medical issues in open court, the spouses can talk about substance abuse in a confidential setting. They can consider misconduct and financial behavior when settling their disputes without permanently damaging the reputation of either spouse.
People in high-profile positions
Maybe one spouse is a pastor. Maybe they are a DJ for a local radio station. There are many people who hold high-profile community positions. They may not want the details of their marital relationship to become public. They may also want to preserve their financial privacy by preventing formal disclosures in court of all of their assets. People who are in the public eye are among those who may benefit from using mediation to resolve their disagreements about an upcoming divorce.
Attending divorce mediation gives couples control over the terms that they set and may reduce the overall level of conflict in a pending divorce. Spouses who look into every solution at the end of a marriage can limit the long-term consequences of divorce while laying a foundation for a better future.