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Advantages & Disavantages of Mediation |
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Advantages of Adversarial Divorce:
- Opportunity to use legal experts as surrogate disputants, to argue/present case in best light on their behalf.
- Less personal time invested in weighing and deciding pros and cons of a particular issue.
- Less short term emotional strain from face-to-face communication with soon-to-be ex spouse, as the attorney serves as a go-between.
- Legal battle can serve as an outlet for the pain caused by the divorce.
- The challenge of the battle may provide temporary diversion.
- "Winning" may have some economic rewards.
- Developing an aversion to the other party may sever lingering bonds of affection that continue to cause emotional pain.
- Provides needed protection in situations involving significant power imbalances, spousal abuse.
Disadvantages of Adversarial Divorce:
- Adversarial nature often exacerbates hurt, angry feelings, and creates long-lasting animosity, diminishing parties' ability to work together cooperatively in the future.
- The couple may lose sight of their long term interest in the heat of the fight.
- Children often emerge from a bitter divorce with emotional problems.
- Parties lose control of decisions that will personally affect them and their children for years to come.
- Obligations imposed by the court may not be adhered to in good faith because they were not voluntarily agreed to.
- Future friction is more likely, and may cause continuing hostile confrontation in and out of court.
- Time consuming (due to indirect communication between parties).
- Expensive: parties pay two professionals to handle the negotiations for them, rather than one professional to help negotiate for themselves.
- Parties' decision, and information pertaining to their finances, property, and personal lives are a matter of public record.
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