Divorce mediation is a form of alternative dispute resolution. The purpose of mediation is to help spouses resolve any lingering disagreements about financial matters or parenting concerns. If they are successful, they don’t need to litigate a contested divorce.
Mediation is a structured process that may require multiple sessions. The spouses typically work with their own lawyers and a neutral mediator to settle disagreements and proceed with an uncontested divorce.
As is true of most complex legal matters, divorce mediation is often the most successful when the parties involved have prepared in advance. Setting goals can be a key component of the mediation preparation process.
Intense emotions can mislead spouses
Calm communication is typically the goal during divorce mediation. Each spouse has an opportunity to explain their preferences and expectations, and the mediator helps facilitate effective communication.
However, people often struggle to control their emotional reactions to discussions about the end of the marriage and demands related to parenting or property division matters. Many people start mediation with unrealistic demands, in part to have the ability to compromise during negotiations.
People shocked, disappointed or angered by a spouse’s statements in mediation may find that they have trouble focusing and communicating effectively. Their emotional reactions may lead to an increase in conflict instead of calm, effective negotiations. When people approach mediation with realistic goals based on their long-term needs, they can stay focused on what matters the most instead of letting their emotions control their behavior.
Understanding the law and preparing in advance can make divorce mediation a more accessible and manageable process. People preparing for divorce typically require guidance as they navigate one of the most challenging transitions of their lives, and that’s okay.