Divorce can involve mutual agreements and uncontested court filings or litigation. Some spouses have agreements already on record that make it very easy for them to pursue uncontested divorces. Others have to settle their disagreements after one spouse files for divorce or prepare to take their remaining disputes to the family court. Litigated divorces can be unpredictable and expensive, and many divorcing couples like prefer uncontested proceedings whenever possible.
Mediation is one of the alternative dispute resolution systems that help people settle their divorce disagreements and prepare for uncontested filings. Those with children, in particular, may find that mediation is a better approach when compared with an adversarial approach to divorce.
How can mediation benefit those with children?
Limiting conflict
As spouses prepare for divorce litigation, they often view one another as adversaries. That attitude is not conducive to a positive co-parenting relationship. Not only does the conflict between spouses make it hard for them to cooperate with one another, but it can also make it very difficult to limit the disputes they have during necessary interactions, like custody exchanges.
The more conflict the children witness between their parents, the more long-term damage the divorce may cause them. By fostering a cooperative approach toward divorce and more amicable attitudes toward one another, divorce mediation can help prevent conflicts that can prove damaging for co-parenting relationships and harmful to children.
Minimizing pressure on children
In some litigated divorce scenarios, the children may have to explain their custody preferences. They might need to speak with the judge or other court professionals about where they might prefer to spend more of their time and the relationship that they have with both of their parents.
The need to express personal preferences about custody matters can put a lot of stress on children. They worry about betraying one parent and harming the relationship they have with them. They may also come to resent how the parents have put the responsibility for that decision on their shoulders.
By attending mediation and resolving custody disagreements amicably, parents can completely eliminate the need for their children to express their wishes regarding custody matters. Mediation also gives parents more privacy to discuss concerning family matters outside of court and more control over the final terms set.
Exploring alternatives to litigation can be beneficial for divorcing parents. Mediation is a powerful tool for many parents who want to act in the best interests of their children, and who feel that they can achieve those objectives without judicial intervention.
