Proudly Serving Zanesville and Southeast Ohio

Advantages & Disavantages of Mediation

family-mediation.jpgAdvantages of Adversarial Divorce:

  1. Opportunity to use legal experts as surrogate disputants, to argue/present case in best light on their behalf.
  2. Less personal time invested in weighing and deciding pros and cons of a particular issue.
  3. Less short term emotional strain from face-to-face communication with soon-to-be ex spouse, as the attorney serves as a go-between.
  4. Legal battle can serve as an outlet for the pain caused by the divorce.
  5. The challenge of the battle may provide temporary diversion.
  6. "Winning" may have some economic rewards.
  7. Developing an aversion to the other party may sever lingering bonds of affection that continue to cause emotional pain.
  8. Provides needed protection in situations involving significant power imbalances, spousal abuse.

Disadvantages of Adversarial Divorce:

  1. Adversarial nature often exacerbates hurt, angry feelings, and creates long-lasting animosity, diminishing parties' ability to work together cooperatively in the future.
  2. The couple may lose sight of their long term interest in the heat of the fight.
  3. Children often emerge from a bitter divorce with emotional problems.
  4. Parties lose control of decisions that will personally affect them and their children for years to come.
  5. Obligations imposed by the court may not be adhered to in good faith because they were not voluntarily agreed to.
  6. Future friction is more likely, and may cause continuing hostile confrontation in and out of court.
  7. Time consuming (due to indirect communication between parties).
  8. Expensive: parties pay two professionals to handle the negotiations for them, rather than one professional to help negotiate for themselves.
  9. Parties' decision, and information pertaining to their finances, property, and personal lives are a matter of public record.