When you go to court to testify in hearings for your divorce, whatever you say about your marriage or your spouse will likely become public record. Although the courts can occasionally seal testimony from divorce proceedings, it is rare for them to do so. The ideal of transparency in the courts can leave individuals vulnerable to having their embarrassing dirty laundry aired for everyone to hear (or read).

Business competitors, potential future partners and even your children could request your divorce records from the courts, which could damage your personal or professional future. Going through confidential divorce mediation can allow you to address certain critical issues from your marriage without making them part of the public record.

What you say in mediation stays private

Mediation is almost always a confidential process. You and your ex can discuss issues from your marriage bluntly and openly without worrying about your children or other people finding out about these problems. The full transcript of what you say in mediation does not become part of the court record.

Only the final agreement that you reach with your spouse that outlines terms for asset division and shared custody will become part of the court record. No matter how personal the issues are that lead to your divorce, you can know they will remain private if you successfully complete mediation to file for an uncontested divorce.

The more worried you are about embarrassing details from your marriage impacting your reputation or life, the more beneficial the confidentiality of mediation may be during your divorce. Discussing this and other mediation benefits with your ex can help to convince them to cooperate with you in mediation.