When a couple decides to divorce, mediation is often seen as a more amicable and cost-effective way to come to an agreement on the terms of the divorce. However, there are some potential downsides to using mediation that couples should be aware of before they decide to go this route.
One downside of mediation is that it can take longer than traditional litigation. This is because both parties have to be in agreement on every issue in order for the mediated settlement to be reached. If one party is not willing to budge on certain issues, it can stall the process and make it take longer than if you had gone through the court system.
Another potential downside is that mediators are not legally bound to give advice that is in either person's best interest. Their role is simply to facilitate communication between the two parties and help them reach an agreement. This means that if one party wants advice on what would be fair or in their best interest, they will need to seek out independent legal counsel outside of mediation.
Finally, while mediated settlements are typically confidential, there is always a risk that information could be leaked during the process which could potentially hurt either party's case if the matter ends up going to court. While this isn't necessarily a common occurrence, it's something couples should be aware of before entering into mediation