Divorce can be difficult for any couple. Communication is often one of the culprits that can cause the marital union to break down. Thus, introducing a third party in the form of a mediator into the mix can have a positive impact in breaking down communication barriers so that a couple can achieve an amicable divorce resolution. That said, mediation isn’t for everyone.
A couple can save both time and money by hashing out issues like child custody and spousal support in mediation. Since the mediator is a third party with no interest in the outcome of the process, they can be objective and not have emotions intervene in their reasoning and rationales. Mediation is also confidential. The prospect that what you say in mediation will ever be made public is very low.
There are some disadvantages to mediation. Since it’s not a legal proceeding, there’s no pretrial discovery. Thus, a spouse may have the ability to hide assets and income because they failed to disclose all pertinent documents. Mediation doesn’t take into account a spouse’s past behavior or actions. If a spouse has had problems with fidelity or domestic violence in the past, then it’s unlikely that it will enter into the negotiations or discussions.
Without the representation of an attorney during the mediation process, one spouse can be taken advantage of by the other. Therefore, husbands and wives can benefit from being represented in mediation.
If you’re going through a divorce here in Florida and are considering the use of mediation, then it’s essential to know the pros and cons of deciding whether this alternative approach to resolving you and your spouse’s differences is right for you.
