Divorcing couples who use mediation, rather than litigation, typically are more pleased with the outcome of their divorces. “[M]ediation has been shown quantitatively to be superior to litigation in dealing with divorce cases” when measuring satisfaction with the mediation process, agreements reached in mediation, impact on spousal relationship, and impact on children’s needs.[1] Divorcing couples who use meditation to negotiate marital property distribution, spousal maintenance, child support, and parental responsibilities feel more satisfied than those who allow a judge to decide these issues for them. Divorcing couples who use mediation find that the agreements reached in mediation are fair and equitable more so than couples who use divorce litigation.[2]
Non-adversarial divorce mediation uses a problem-solving approach to assist divorcing couples in reaching mutual agreements, whereas traditional divorce uses litigation—an adversarial, competitive approach to achieve the best result for one party to the detriment of the other.[3] Non-adversarial divorce mediation often produces tailor-made divorce agreements that reflect the divorcing couple’s views on what is fair, rather than relying on a judge’s determination of fairness as viewed through the lens of statutory and case law.[4]
Mediation focuses on planning for the future, as opposed to judgment, which focuses on the past. Divorcing families, especially those with children, usually need more than the one-time judicial order to accomplish the reorganization of their lives.[5] Divorce triggers a transition that requires ongoing planning and collaboration.[6] Divorce mediation shifts reliance upon a third-party, i.e. judge, to those involved in the dispute, encouraging the divorcing couple to resolve present and future disputes amongst themselves with the assistance of a neutral mediator.[7]
The mediators at Cohen & Cohen, P.C., are attorney-mediators who actively practice family law and can provide you an evaluative assessment of your dispute, so you can negotiate in mediation with the added benefit of information from a mediator with expertise in family law. Please contact us if you would like to learn more about how our mediators can assist you in resolving your family law matter
[1] Lori Anne Shaw, Divorce Mediation Outcome Research: A Meta-Analysis, 27 Conflict Resolution Quarterly 4, 461 (Assn. for Conflict Res. 2010).
[2] Id. at 450.
[3] Id. at 461.
[4] Id. at 462.
[5] Jane C. Murphy & Jana B. Singer, Moving Family Dispute Resolution from the Court System to the Community, 75 Md. L. Rev. Endnotes 11, 12 (2016).
[6] Id.
[7] Id.
