Should You Mediate Your Divorce in PA?
While divorce rates have trended down over time, there are almost one million women who report getting divorced each year. For the spouses who go through a divorce, the entire process can be emotionally and financially devastating.
In Pennsylvania, couples have several options when navigating their divorce process. You can opt for collaborative divorce, litigation, or mediation. While divorce mediation isn’t the right choice for everyone, there are a number of benefits to this course of action.
What Is Divorce Mediation?
Divorce mediation is a voluntary process where a third, uninvolved party helps to negotiate the terms of your divorce. This third party is known as the mediator.
Unlike a judge, the mediator isn’t responsible for making any decisions. They’re simply there to support the couple as they find a solution to visitation, child custody, the division of assets, alimony, and other key issues.
Pennsylvania allows you to get a mediator’s help at any point in the divorce process. In fact, courts often encourage mediators because it helps couples reach a mutually acceptable resolution and helps to lower caseloads.
The Benefits of Getting Divorce Mediation in Pennsylvania
While each case is different, there are a few essential benefits to divorce mediation that you can look forward to.
Speedier Divorce Proceedings
When couples fight about the division of property, custody, and other divorce arrangements, it slows down the entire divorce. In some cases, it can even take years for the divorce to wrap up. However, the actual divorce can be finished in just a few months if both partners agree. With mediation, you can resolve hard-fought disputes and speed up the entire process.
Lower Costs
By getting mediation, you can lower your overall costs. Litigation typically involves more sessions and work, which leads to extra billable hours. With mediation, you can spend less on attorneys, especially if your spouse is cooperative.
Better Privacy
If you wait for a judge to decide your disputes, you’ll lose control and privacy. Rather than leave key decisions to the courts, you and your partner can iron out the details during confidential mediation.
Customized Solutions
You are unique. How your assets and debts are dealt with should be customized to match your individualized needs. Mediation allows you to create tailored solutions to your unique custody, alimony, and property division requirements.
Reduced Animosity
While a mediator can’t completely stop disputes and anger, mediation sessions are often less heated than courtroom battles. This is especially important for marriages that involve children because you’ll need to interact to care for your children.
Drawbacks of Getting Divorce Mediation in Pennsylvania
Although there are many benefits to divorce mediation in Pennsylvania, there are also some drawbacks to be aware of.
The Type of Legal Advice
While a mediator in Pennsylvania can be a lawyer, they don’t have to be. Even when they are a qualified attorney, the mediator’s job isn’t to represent you. They are simply there to mediate the dispute, so they cannot offer legal advice to either party. Because of this, you’ll need to bring your own attorney to the mediation session.
Not Ideal for Major Conflicts
If your disputes are hair-raising, eardrum-splitting arguments, a mediation won’t help. Both parties have to be operating in good faith for the mediation to function effectively. If your partner was abusive or incredibly controlling, then mediation may be ineffective and unsafe.
Unenforceable Agreements
Until the agreement is formalized legally, it might not be enforceable. Even with a successful mediation, there will still be other steps that you have to go through before the agreement can be put into place. This is why it’s so important to work with a lawyer who has a deep understanding of divorce laws in Pennsylvania.
Do You Have To Go Through Mediation in Pennsylvania?
Mediation is generally not required, although some counties may require an initial mediation session if you’re going to litigate custody disputes. For non-custody matters, mediation is simply an option you can choose to accept or not.
Who Mediation Works Best For
Mediation may not be the right choice for everyone. As a general rule, going through mediation will be more effective if the following situations describe your divorce process.
- Neither partner wants a courtroom battle.
- Both spouses can communicate respectfully.
- You want a speedy resolution.
- There isn’t a history of physical, mental, or verbal abuse in the marriage.
- You and your soon-to-be-former spouse want a more affordable solution.
Why You Need Professional Help
Even if mediation is the right choice for your family, it still pays to have a PA divorce attorney on your side. At the Clause Law Group, one of our attorneys will review your mediated agreement to ensure your rights are protected. We’ll make sure your final order can be enforced under state law.
Whether you want divorce mediation or complex litigation support, our team is committed to helping you reach the best outcome. For more information about divorce cases in Newfoundland and the surrounding areas, give us a call at (570) 676-5212 today.
