In research published in Mediation Quarterly, mediation was found to be preferable to contested divorce proceedings in resolving divorce issues.  These findings debunk frequent criticisms of divorce mediation.  In the study, conducted by Mary Marcus, PhD. and Robert Marcus, it was found that women in mediation retain a similar amount of family assets and liabilities, as opposed to contested divorces, challenging the frequent criticism that mediation favors men.  The study also found that women received a higher amount of alimony and child support in mediated cases as opposed to contested divorce cases. Overall, it was found that women retained a greater portion of family assets through mediation.

 The study also concluded that men benefit from the mediation process as well.  Men in mediated cases were found more likely to have joint legal and physical custody of their children.

 The published results strongly support the use of mediation for both men and women.  In its conclusion, the study observed:

Results suggest mediation is actually advantageous for not only women but couples are that mediation leads to significantly fewer post-judgment modifications, that mediation is a speedier process, and that children’s college education is more likely to be included in the agreement when couples mediate. Reduction of post-judgment actions and faster process suggest mediation would be less costly to couples and less disruptive of their lives as well as advantageous to the court system.

In summary, our results indicate that most financial outcomes of mediated versus adversarial divorce formats are not significantly different, and that three major financial outcomes, percentage of family assets obtained, amount of child support, and years of periodic alimony actually favor women who mediate. Since adversarial divorce is generally demonstrated to cost more than mediated divorces, and as our study shows, to take longer and to lead to more frequent post-judgment modification, divorce mediation is an option worthy of serious consideration by most divorce clients.

(Your Friendly Divorce, 2011, Article portions Reprinted with permission of the authors).

Sadly, about 40%-50% of first marriages in the USA end in divorce. The rates go up for subsequent marriages. The use of divorce lawyers mirrors this trend.

I’ve seen all too many divorces, and witnessed first hand all the acrimony and bitterness, not to mention the emotionally and financially draining court appearances in traditional divorce proceedings.

My company focuses on “friendly divorce”. It’s just hard for me these days to imagine going through the emotional pain and anger of a traditional divorce proceeding. I always thought there had to be a better way. Friendly divorces, sometimes called collaborative divorces or mediated divorces, are the way to go.

I’ll be posting my thoughts and observations on divorce in this blog. Once in a while, I will post on less serious issues. So stay tuned!