If you’re considering going through divorce mediation, there are some things you should know. First, it’s essential to have a clear vision of what you want to achieve in the process. Don’t argue out of anger or a need to be correct. Instead, focus on negotiating a fair financial settlement, monetary support plan, and child custody arrangement.
Prepare for divorce mediation
Divorce mediation is a legal process that allows both parties to settle issues amicably. The mediator has no vested interest in the outcome of the divorce and stands to gain nothing from it. This gives them an advantage in identifying solutions that the parties may not be able to see. Additionally, divorce mediation is confidential. There is no court reporter involved and no public record. Choosing a divorce mediator you are comfortable with, and trust is essential.
Before you go to mediation, list the essential documents you need to bring. You should also bring a list of things you need to discuss during the mediation. This list can keep you organized and make sure you remember important details, such as the child’s birthday. In addition, prepare yourself mentally and emotionally. It is essential to be prepared for the tough choices that will come up during the mediation process.
Be willing to compromise
One of the most important things to remember in divorce mediation is to be open to compromise. Divorce mediation is not about settling a legal battle; it is a process in which you and your spouse must work together to achieve a fair agreement. Therefore, you must stay emotionally detached and avoid reacting to your spouse. It is also essential to prepare for mediation by gathering financial documents. If you own a home, it is also helpful to get an appraisal and consult a realtor to determine the value of your home. Suppose your divorce involves assets such as real estate. In that case, you will also want to contact a divorce lawyer, who will help you understand the finances and draft a property settlement agreement that works for both parties.
One of the biggest challenges in divorce settlement negotiations is that both parties are eager to get what they want. However, divorce judges are more objective and are not emotionally attached to the case. Their job is to force a fair settlement and to find a reasonable resolution. However, this doesn’t mean that both parties will be delighted. A judge may be more sympathetic toward one party than another, so it’s essential to be willing to compromise.
Avoid the “my way or the highway” mentality
Participating in divorce mediation is a collaborative process, so it is essential to prepare yourself for compromise. Although this may be difficult, coming to the table with an open mind and standing your ground on important issues will make you more likely to compromise. In addition, avoiding a “my way or the highway” mentality is essential, as this can hurt your chances of settling.
The mediator will explain any issues that are unclear to you. You can also ask questions to understand the other party better. If you cannot agree, both sides will meet in a separate room called a “caucus.” During the meeting, information shared in this caucus will be kept confidential. If the negotiations are successful, the two parties will settle. Otherwise, a trial or arbitration may be necessary.
Participate actively in the process
To make divorce mediation work, both parties must participate actively. If your ex refuses to engage in the proceedings or is unwilling to disclose all relevant information fully, the process will fail. On the other hand, if both parties are open and honest, more ideas and solutions will come to light. This will also increase the likelihood of adherence to settlement terms.
Divorce mediation aims to come to a settlement agreement that is as equitable as possible for both parties. In contrast to a court decision, a settlement agreement crafted during mediation is more comprehensive and addresses all contingencies. This can result in excellent stability for both parties post-divorce and a lower risk of future litigation.
