A litigated divorce is not the most confidential means of dissolving a marriage. Disputes between two spouses may be aired out in front of an entire courtroom. It’s one aspect of divorce litigation that can make it so intimidating and uncomfortable. Some of the matters that have led to a divorce may be extremely private, such as an affair. Private matters can be extremely difficult to discuss in front of a courtroom full of strangers (or possible even people you know from your community). The adversarial nature of a litigated divorce pits two spouses against each other and can exacerbate any conflict between the two. With others in the room, two soon-to-be exes may feel extremely vulnerable, and conflict between the two may rise simply out of the psychological need to protect one’s own pride.

Divorce Mediation & The Benefits Of Confidentiality

In Divorce Mediation, however, private matters regarding your marriage and divorce are discussed with a sole mediator behind closed doors. The mediation process is not made public. The confidentiality of divorce mediation may also help keep lessen the need to feel vulnerable, allowing you and your spouse to focus on the dissolving of your marriage in a mutually beneficial fashion. This can be extremely beneficial especially for couples who simply want to move on with their lives and keep their divorce as amicable as possible.

Not all mediations are successful, however. Sometimes, two spouses simply cannot come to a full agreement through mediation. At Nassau County Divorce Mediation, if we see that a couple cannot successfully mediate their divorce, we will cease sessions and suggest litigation as an alternative. However, what happens in mediation stays in mediation. Your mediator cannot be brought forward as a witness in your trial. Any dialogue that took place cannot be used as evidence at trial in order to sway a judge’s decisions. So, if mediation fails, and a couple needs to litigate their divorce, they need not worry about any discussions they had during their mediation coming out in court. Those are kept strictly confidential.