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Mediation can provide an alternative to messy divorce litigation and save divorcing couples a lot of money, time, and emotional stress, experts say.
According to Amy G. Applegate, a divorce lawyer and director of the Family and Children Mediation Clinic in Indiana, divorce cases that involve child custody issues should be handled outside a courtroom, where legal disputes can lead to custody battles.
“…Kids are caught in the middle. It’s very difficult for children,” Applegate said. “Over and over you hear from children that they want their parents to stop fighting, that they want their parents to let them love both of them.”
Divorce experts like Applegate believe that mediation urges parents to search for solutions that don’t involve lawsuits. “Litigation can take a real toll on individuals and families—emotionally, financially, and with their time,” Applegate said.
A mediator is a neutral third party who is trained to help divorcing couples settle their disputes without hostility, which is beneficial for the divorcees and their family.
“They can lower the emotional volume tremendously,” said Robert Billingham, associate professor at Indiana University whose research involves evaluating the long-term effects of divorce on children and parent/child interpersonal relationships.
Billingham advises divorcing parents to undergo mediation to help evade the unnecessary hostility and harsh accusations that often arise in divorce cases. Even couples who attempt a “good” uncontested divorce should consider using mediation to save time and money.
According to Applegate, divorce can make people behave in unexpected ways. “When your relationship is breaking up, you hear yourself saying things, see yourself doing things that you normally wouldn’t say or do.” Even “good people do this,” Applegate said.
While mediation may be the best way to ease stress in a divorce case, it is important to note that a mediator does not act as an attorney to any parties in the mediation. Experts highly recommend that divorcing couples consult with a qualified and experienced divorce attorney who can ensure their rights and interests are fully protected.
Contact a Divorce Lawyer in your local area.