It is no secret that divorce can involve a variety of areas for dispute. Along with the potential for legal dispute, emotions can rise as a couple moves toward the end of the marriage. Some people may find that family law mediation may not only work as a way to resolve the legal disputes, but may in many cases ease some of the emotional tensions of a divorce as the parties may feel more control over the outcome of the proceeding.
In most any divorce, the parties may seek to negotiate the various terms of the divorce. When a couple is awaiting trial in a contested divorce, any disputes that cannot be resolved through negotiation may be placed before the court to resolve. When a divorcing couple chooses to mediate their differences, the parties may be able to resolve issues from a less adversarial stance, and a mediated compromise may better fit the individual needs of the parties involved.
Each person in the divorce may have an attorney to provide individualized advice during a mediated divorce. A person can benefit from that legal advice in knowing that the personalized guidance helps to ensure that his or her interests are being represented and protected in the divorce process. A person generally may also consult with other professionals during a mediated divorce, such as financial advisors, tax professionals or an accountant to know the implications of the process.
It is also important to note that disputes that may arise post-divorce, such as a custody or support modification issue, may be resolved through mediation under Missouri law.
Mediation may not be for everybody, but in many cases, a mediated divorce may lower costs and tension related to the process. Some commentators say that because a mediated divorce involves the opportunity for the parties to reach a settlement agreement that matches their own post-divorce family and lifestyle structures, the agreements may be more beneficial for each party in the long run as compared to a final judgment rendered by the judge.
Source: Huffington Post, "Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce" Diane L. Danois, May 10, 2013