There are many scenarios in which divorcing couples may opt to attend divorce mediation together. Sometimes, a high-profile career makes mediation the best option available, as maintaining privacy is critical for the spouses. Other times, concerns about custody arrangements and minor children may motivate people to cooperate for the protection of their children.
A high-value marital estate is also a reason to consider proposing divorce mediation. The larger the marital estate becomes, the greater the risk of major financial setbacks in the event of a divorce. Spouses with significant shared resources may want to consider the possibility of pursuing mediation instead of litigation when they divorce. Working cooperatively to control the outcome of divorce proceedings can be beneficial for those with complex, high-value marital estates.
Equitable distribution is unpredictable
Judges hearing litigated property division cases have to make many difficult decisions. Sometimes, they have to evaluate whether assets are marital or separate property. They have to settle disagreements about the fair market value of assets. They also make determinations about how to allocate property and responsibility for marital debts in accordance with equitable distribution statutes.
When the marital estate includes investment assets, real property or business holdings, spouses may have very strong opinions about what should happen with specific assets. Perhaps the best outcome involves one spouse retaining ownership of a business while the other receives other assets instead. Maybe the spouses each have an interest in retaining specific investment resources.
When spouses litigate property division matters, they have no control over what the judge ultimately determines is fair and equitable. When they attend divorce mediation, they have the ability to set terms that they believe are appropriate.
Spouses can compromise with one another in certain areas to reach agreements that contain the terms that they feel are the most important. Electing to attend divorce mediation also eliminates the need for formal financial discovery, which can enhance the privacy of those with large marital estates.
Discussing the possibility of divorce mediation with a skilled legal team can help those with complex resources push for the best possible divorce outcome. People who feel strongly about maintaining ownership of specific resources may want to retain control over their divorce proceedings instead of having a judge make critical decisions about their assets.