- January 15, 2016
- Category: Family Law
Divorce mediation can be an ideal solution for couples who wish to part ways amicably or who simply wish to negotiate together with a mediator rather than through multiple attorneys. Mediation isn’t always possible, but it could be ideal for you and your soon-to-be-ex under certain circumstances.
Negotiating issues like the division of property and assets can be terribly difficult if you don’t trust your spouse. Mediation works best when both parties can trust one another to focus on being fair. If you think that your spouse lacks goodwill or cannot be trusted to act in a fair manner, mediation might not be the best route you can take to achieve a fair settlement.
Ability to Negotiate
When both spouses are able to negotiate for themselves, mediation can be a great way to collaborate about issues relative to the divorce. If, however, one party cannot easily stand up for themselves or feels intimidated by their spouse, mediation isn’t the best plan. In marriages where there is a serious imbalance of power, it’s better for the less-confident party to find representation that can better represent their interests and negotiate divorce settlement for them.
If one or both spouses will not be transparent regarding information, negotiating will prove difficult without the support of the courts or lawyers. If, however, you and your spouse can present all information openly and honestly, you will find that mediation can be quite effective for you both.
Rights Are Understood
For mediation to work, both partners need to be aware of their rights. Mediators are there to help both parties arrive at an understanding regarding various settlement issues, but both parties must also be able to advocate for themselves with knowledge about their rights in the division of assets or custody, for instance.
Communication Ground Rules
For mediation to be successful, both spouses must be able to adhere to communication ground rules. First, both spouses must agree to participate actively in the mediation process. Spouses must also agree to speak without inflammatory remarks and avoid personal attacks. In essence, both people must be able to remain civil and committed to reaching an agreement through the negotiation process.
Mediation can be a cost-effective means to settle all issues related to your divorce. Even though it may be right for you, the mediation process must also be right for your soon-to-be-ex. If you both agree to engage in the process, you may find that this is the best way to achieve your settlements.
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