Divorcing parents who need to share custody face a much more complicated process than those who can make a clean break. In addition to finding solutions for property division, they also need to split up parental rights and responsibilities.
There are more opportunities for conflict, and the stakes are much more emotional than in cases where the only concerns are financial in nature. Parents preparing for divorce may agree to attend mediation to work through their disagreements. The mediation process can be especially beneficial for parents who are about to divorce. The privacy of mediation is one of the most important benefits it offers.
Parents can discuss family needs openly
Litigating custody issues in court creates several challenges. Parents need evidence of any alleged misconduct if they expect a judge to factor their concerns into their custody determinations. Litigation tends to increase conflict levels, which can be stressful for everyone in the family, especially the children. Additionally, parents have to question whether what they reveal in custody proceedings might affect their reputations with the community or their children.
Mediation provides an opportunity to discuss concerns in a confidential environment. Parents can talk about substance abuse, anger management concerns and other issues that could influence the best way to divide parenting time and authority. They do not need evidence to discuss their concerns and have them taken seriously. Additionally, the need to work together can help them develop a better co-parenting dynamic.
For parents who do not yet agree on property division and custody matters early in a divorce, mediation can be a way to limit the harm the divorce may otherwise cause their relationship with one another and the emotional impact it has on their children. Discussing litigation alternatives with a skilled legal team can help empower parents to choose the best path for their family’s unique needs.
