Divorce mediation is an alternative dispute resolution option for those who want to end their marriage without the protracted drama that is a litigated court divorce. Mediation is popular for a number of reasons, including how it gives couples more control over the outcome of the divorce.
It also helps them keep the cost of their divorce lower, which is particularly beneficial for couples with young children or those close to retirement age. Successful professionals and high-profile individuals also often opt for mediation because it can help protect their privacy in a way that standard divorce proceedings often do not.
Privacy is a concern that many people don't consider until it is too late when mentally debating about the potential positive and negative aspects of a divorce. The average Colorado divorce that goes through the courts will become part of the public record. That means that anything you say in court could wind up in the hands of your children later on or even a business competitor who wants to smear you.
Mediation takes place behind closed doors
When you go to court, the recorder will take down everything you say as a matter of public record. This is done in part to ensure transparency and fairness in legal proceedings. Unfortunately, in the case of divorces and other family law conflicts, public records can often cause damage to people's reputations within a community.
Unscrupulous individuals, including shock journalists and gossip mongers, could request the public records from a divorce and potentially expose anything from adultery to abuse. Divorce mediation helps keep all of the accusations and hostilities out of the courtroom and away from public records.
Mediation takes place in a private facility, not the public court. What you say and discuss remains between you, your spouse, your individual attorneys, and the mediator. In most cases, mediation is completely confidential. What you say does not ever have to wind up repeated by anyone else.
Mediation has plenty of other benefits to consider beyond privacy
Not needing to air your dirty laundry in public court can be enough of a reason for someone to consider mediation instead of a litigated divorce. However, that is far from the only benefit you could reap from choosing mediation to set the terms for your divorce.
Many times, mediation is a faster and smoother process, which means that it is a more affordable option. You will spend less money on court and attorneys' costs than you would if you had to fight over every possession and minute of time in the courtroom. Mediation can also help you obtain specific assets or terms that are of utmost importance, as the courts will rarely weigh your emotional attachment to items or specific parenting rights when making decisions.