Divorce Mediation And Child Custody

Rather than settling the separation through mediation, studies show that most of the couples choosing to separate would rather go to court to settle their disputes.

The benefits are so much better for the separating parents as well as for their children as it is a tried, proven and trusted method of dispute resolution. The psychological impact is also much less for those involved in a separation between parents.  Settling in court seems to be less aggressive than mediation and means that children are more likely to benefit from a mediated separation.

Because of the fact that parents prefer going to court which is a more lengthy and costly process than settling the dispute through resolution is quite understandable when you take the following into account. Separation cases are normally adversial in nature where both parents are seeking a set of outcomes that they know only one party would be satisfied with, and neither is willing to capitulate. Parents are so focussed on the outcome to be on their terms that they sometimes forget what the impact of their actions is on the children.

For any progress in the culture surrounding divorces and separation, a change needs to be made. As children are affected more than the parents by the separation process,  parents need to identify the holistic benefits of mediation. As parents are much more involved in the process of mediation when resolving their disputes with the assistance of a mediation attorney, they can both think and decide on the futures of their children together. When both parents are involved in the process of decision making together, they would both feel in control of the process and are more likely to be followed through by both parents.

There should be a shift change towards more government support for projects and initiatives that encourage mediation rather than court involvement between separating couples in the long term. The courts will certainly also benefit from an institutionalised process of mediation in respect of resolving disputes among separating couples. As seen in the aforementioned discussion, mediation is a preferred route for separating couples as it is more beneficial for themselves as well as the well-being of their children.

If you are going through a separation and are seeking help with divorce mediation and child custody, contact our legal team at JA Attorneys today.