Parents: Benefits of avoiding the courtroom during divorce

When parents divorce, one of their main concerns is typically how they can navigate this difficult event without causing unnecessary trauma for their children. However, parties also want a divorce that protects their own interests.

Striking this balance can be complicated, but it may not be as difficult as you think. This is especially true if you avoid the courtroom and commit to resolving divorce-related matters through methods of alternative dispute resolutions (ADR), including collaboration or mediation. 

How ADR benefits parents

ADR puts divorcing spouses in a position to have more control over the outcome. Rather than leaving issues like child custody or property division in the hands of a judge, parties work together to find a mutually agreeable solution.

Parents can also benefit from ADR because these options can be faster and less expensive than litigation. This allows people to get through this process more quickly and without as many financial repercussions, which can make life after divorce much better.

Finally, parents should know that ADR can make it easier to preserve some semblance of amicability when the divorce doesn’t erupt into a courtroom battle. This can be valuable when parents must spend the next several years sharing custody of their children.

How ADR benefits children

Divorce can be very difficult on children, but ADR options can make it a little easier on them. For instance, children do not want to see parents angry and fighting in court. Seeing them work together and do so respectfully can send a far more positive message.

Further, as numerous articles, including this one, remind us, children benefit when they can remain close with both parents after divorce. Parents who divorce amicably make it easier for children to be with each parent without feeling guilty or resentful.

And while divorce can be traumatic for children, this pain can be minimized when their parents remain committed to their best interests. Shielding children from unnecessary conflict, refraining from engaging in ugly disputes and focusing on positive solutions can all be ways of showing kids that a marriage might end, but a parent’s role in a child’s life will not. 

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