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What Are The Pros And Cons Of Divorce Mediation

Divorce mediation, as the term says, is to appoint a neutral mediator who will resolve the issues of both parties. It is also known as alternative dispute resolution. Divorce can get really ugly and messy, the trips to the court, the blame game, the wait for the final verdict, the arguments, mental instability, financial loss, and physically tiring. So, divorce mediation is a blessing in disguise. But it is important that the mediator is a divorce attorney or a counselor so he or she knows all the processes and requirements.

Mediation is only possible when you and your spouse mutually agree on everything and have fewer disputes. You can opt not to go to court this way. It is important to educate yourself about the pros and the cons of divorce mediation so you can easily proceed.

Pros Of Divorce Mediation


The mediation process takes a lot less time than the court proceedings. If you and your spouse agree on trivial matters then the mediator will just need to prepare the documents where in the court you will have to wait for the court hearing and the lawyers will cause misunderstandings, the case will drag and the final verdict will be a lot later. You will just need to divide the fee on a mediation conference and present your sides to the mediator and agree on stuff and it’s done.

Saves Your Hard-Earned Money

Yes, mediation is much less expensive than a divorce process. In the case of divorce, you will have to hire separate lawyers and will have to pay for them separately, then each and every meeting, phone call, counseling, hearing, and document will be charged. Plus double the expense if the process elongates.

In the mediation process, you and your spouse can divide the mediator’s fee in half. It is proposed to take advice from an experienced divorce counselor but even after that, it is far less expensive.

Informal Process

In the mediation you and your spouse are not rushed towards anything, you can set your own speed but you have to be comfortable. You can agree to whatever you feel is right for you and can even say no to things for which you are not comfortable. You and your spouse can sort out things together which also sometimes paves the way to a common ground and mutual agreements. In court, you have to formally present yourself and sometimes have to agree with your attorney whether you like it or not.


This is a self-acclaimed process where you can take decisions and are not dependent on your attorney or the verdict by the court. You and your spouse can make decisions and choices based on your own interests and also can have a sense of ownership and comfort. You are not answerable to anyone and choose whatever you are pleased with.

Cons Of Divorce Mediation

It Is Not Suitable For High Conflict Cases

In such cases, one spouse is a bully, a torment, attention seeker, and can tend to intimidate the other spouse and cause constant conflicts and disputes. In this case, mediation is not recommended as the conflicting spouse will pressurize the other spouse to agree on their decisions and compromise. This could mean compromising your health and happiness and destroying your kids’ life in the future. Take advice from a professional divorce lawyer in this case and opt for court so you can get your freedom.

It Is Not Legal

Mediators are just neutral third parties and not experienced legal divorce advisors. You may take important decisions regarding property, children, and yourself without any legal documents or knowledge on the consequences of these decisions and then they may come back at you in the worst possible way. A legal advisor should accompany you and advise you.

It Might Be Unnecessary

If you and your spouse mutually agree on all the important matters then you can appoint your separate lawyers to just draft legal documents and present them to the court and mediation may not be needed.

If It Fails Then Going To The Court Is The Only Option

If the result of mediation does not come as expected or gets no result then ultimately you will have to proceed to court which can get more expensive.

Whatever you choose, make sure to take advice from a professional uncontested divorce lawyer Fairfax VA and then proceed.

Categories:   Law & Legal