Parents who have children together generally have more concerns to address during divorce than those without children. Instead of simply dividing their property, they also have to address their parental rights and responsibilities.
Issues related to parental rights and responsibilities tend to provoke intense emotional reactions in parents. Frequently, both parents want to maximize the time that they have with their children. They may find themselves at odds while trying to settle matters in pursuit of an uncontested divorce filing.
Like many couples preparing for the end of a marriage, parents on the cusp of divorce might potentially benefit from mediation. Parents who expect to share their parental rights and responsibilities after divorce may find that mediation is especially beneficial, given their need to see one another regularly after their divorce.
What makes mediation different?
Mediation is a form of alternative dispute resolution that occurs outside of the courts. Spouses mediating divorce issues have to communicate with one another about their expectations and wishes. They have lawyers to assist them and a mediator facilitating their conversation.
When mediation is successful, divorcing spouses can pursue uncontested divorces. The process is not binding until the spouses reach an agreement and sign a document that clarifies the terms they set in mediation.
Why is mediation helpful for parents in particular?
Most couples might find mediation to be beneficial. However, couples with children have more to gain in a mediated divorce scenario. They can limit the degree of conflict their children witness. Their efforts to work cooperatively can set a positive example for their children and can pave the way for a healthy co-parenting relationship after the divorce process.
Additionally, parents who attend mediation together have an opportunity to confidentially discuss the specific issues that they believe have a bearing on custody matters. Substance abuse, volatile dynamics and a host of other issues that people may not want to explore in family court could potentially influence the most appropriate arrangements for the division of parental rights and responsibilities.
Being able to discuss those concerns in a private environment where accusations don’t become part of the court record could help parents address their concerns in a manner that prioritizes the children without further damaging their dynamic with one another. Mediation also provides enhanced control over the outcome. Otherwise, parents ultimately have to accept whatever arrangements a judge imposes.
Contemplating divorce mediation can be beneficial for anyone on the cusp of divorce, but especially those who expect to share parental rights and responsibilities. Discussing parenting concerns in a private, controlled environment can be a smart move for adults who have to continue interacting with one another for the benefit of their children for years to come.