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How to approach divorce mediation

On Behalf of | Dec 6, 2023 | Firm News |

Divorce mediation offers a more practical and less confrontational alternative to costly and time-consuming court proceedings. Here, effective communication takes precedence over making arguments. However, taking this path requires emotional restraint.

While passionate outbursts may earn the sympathy of a judge in a trial, mediation calls for calm and reasonable discussion. Having the right mindset throughout the process can be the key to a successful mediation.

Overlook personal feelings

Experiencing the end of a marriage is sure to bring up a wide range of feelings. However, approaching mediation with anger, disdain or other strong emotions could make it harder to settle disagreements fairly and sensibly. Using mediation as an opportunity to get back at a former partner or insult them can render the process ineffective.

When strong emotions start to surface, consider taking a break, placing them under control and returning only with a clear head.

Be prepared to give and take

There are no winners or losers in divorce mediation. Instead, the goal is to reach a settlement that both parties can agree on, making compromise key.

This can mean looking past an outcome that seems to favor the other party. If it was a particular piece of property, consider the possibility that they might need it more than you. In addition, there may be an alternative resolution that better fits your objectives could be available.

Knowing your priorities or non-negotiables before entering mediation provides you with a strong foundation for settlement discussions. Success in mediation is not about ‘winning,’ but rather about ensuring your needs are heard and addressed.

Ready your documentation

Discussing property division requires a thorough understanding of your marital assets. Having all relevant documentation, from financial statements to property deeds, can help you negotiate a better position.

However, gathering all this paperwork is arduous and can take a long time. Keeping organized and managing a checklist of essential documents can lessen the burden.

At its core, mediation is about reaching an outcome that honors the needs and interests of both parties. Keeping emotions under control and compromising when necessary is tough but may be the key to parting ways with dignity and grace.