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Advantages & Disadvantages of Mediation

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Advantages of Mediation:
  • The process promotes communication and cooperation.
  • It allows the parties, not the court, to make decisions affecting their future.
  • It promotes positive family relationships by reducing conflict.
  • It is confidential. There is no public disclosure of personal problems or finances, unlike litigation where both the trial proceedings, as well as all papers filed, are open to the public.
  • Mediation usually costs less than litigation.

Disadvantages of Mediation:

  • Because the mediator is neutral, he or she cannot personally advise either party. Thus, the parties must rely on their attorneys to be fully informed of their options.
  • If one party has been domineering during the relationship, the other party may not feel as fully capable of expressing important concerns as he or she would if the lawyers were present. (Having the support of attorneys at mediation is an option but it adds another layer of expense).
 

Read Our Collabortive Divorce Guide

Collaborative Divorce Guide

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