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Should you use divorce mediation?

On Behalf of | Jul 6, 2019 | Divorce, Firm News |

Married couples who are splitting up in Oregon and want the divorce process to be cost-effective and less stressful may want to consider mediation. This process can be very beneficial to not only the soon-to-be-ex spouses, but also for any children involved. However, it is also important to know that it is not always the right choice for every couple or situation.

According to Money Crashers, a mediator helps the couple work through the decision-making process in regard to asset and debt division, child custody and spousal support. This process can be advantageous because it reduces the emotional toll, improves communication, cuts down on costs and typically is a shorter process than court proceedings. It is a good choice for those who can get along amicably and want to do what is best for them and their children. 

Family Education outlines some reasons as to why mediation may not be the best course of action. As it is a process of negotiating and working together, both partners should want to divorce and be able to communicate fairly effectively, or else mediation may not go so well. Another important consideration is if one spouse does not know all of their debts and assets. In divorce litigation, a judge can order one or both spouses to divulge all assets and financial information, but a mediator does not have that power. If one partner suspects the other one is hiding something, mediation is not the right method.

Mediation is also not a good choice for couples in which one partner typically is a bully or controlling. If someone in this situation still decides to go through mediation, the mediator should be aware of this and be strong enough to deal with it.