Is child custody mediation more beneficial than resolving the issue through litigation?
There are many reasons why you should try and resolve your child custody issues through mediation rather than resolving them through litigation. The mediator cannot force you to accept a settlement. So you will lose nothing. Mediation offers many benefits including:
• It is non-adversarial and less formal. You can put forth your views and your spouse will put forth his or her views. Nothing you say during mediation will affect your divorce case. Because of the informal and non-adversarial nature of mediation, the parties are generally more willing to compromise paving way for a mutually acceptable solution.
• The mediator is an impartial and neutral third party who has no stakes in the issue.
• Mediation does not involve any of the complex process such as trial, cross examination and evidence that are associated with litigation and is therefore not costly.
• Mediation can resolve the issue in a much shorter time. Litigation can go on for months and years together but mediation generally lasts for a couple of weeks.
• Mediation will generally make the atmosphere more conducive for communication between the spouses in the future which is important for the children.
Is mediation possible if the spouses do not see eye to eye and cannot stand the sight of the other?
Yes. Mediation need not be done face to face. The two spouses can be in separate room and talk to the mediator without the other spouse being present. The mediator will move from one room to another until an agreement is reached. Mediators are professional and are used to such situations. So they know how to deal with it. For the sake of the children, you should leave your differences aside and try to resolve the issue of child custody out of court.