Working out arrangements for sharing parental rights and responsibilities is a major challenge. Parents preparing for divorce may find themselves disagreeing about how to share legal authority and parenting time. In many cases, parents struggling to settle custody disputes may choose to attend mediation instead of litigating in family court.
Why do many people choose mediation instead of litigation to settle custody disagreements?
1. Less conflict
The contentious nature of litigation can worsen the state of the co-parenting relationship. Fighting over custody terms in court can leave parents bitter toward one another and incapable of working cooperatively. Additionally, conflict between the parents can be very damaging for the children in the family. Working cooperatively in mediation can be a much calmer option.
2. Improved privacy
Parents disagreeing about custody matters may have disputes related to personal issues, such as negligent conduct or substance abuse. Exploring those issues in family court could damage the reputations of the parents. Settling in mediation allows parents to discuss major concerns in a private setting.
3. Final control over the terms
Negotiating a custody arrangement in mediation requires discussions and even compromise. However, parents can set terms that truly prioritize their children’s needs above all else. Judges may do their best to set terms that are in the best interests of the children, but they lack the hands-on experience of the family’s day-to-day life to guide their decision-making.
Agreeing to attend divorce mediation to settle disputes about custody and financial matters can be beneficial for those who must share parental responsibilities in the future. A cooperative approach can prove less stressful for the entire family.
