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An overview of divorce mediation

On Behalf of | Mar 11, 2020 | Firm News

When most couples think about divorce, they have a preconceived notion that getting a divorce is going into battle. You must sharpen swords and recruit your army before you head into the courtroom. However, divorce doesn’t have to be a battle.

Most couples who want a separation would benefit more from a mediation instead of the typical court battle. For example, if you and your spouse both want to go your separate ways, you don’t need to fight over the small details, like who gets the fancy china.

The discussion instead of division

Mediation is a fantastic tool for spouses who want to resolve issues peacefully and reduce the potential for future conflicts, such as custody agreements or property division. The reason why mediation works are:

  • Clarification each party’s goals and interests
  • Identification of potential conflicts and possible techniques to prevent future problems
  • Strong communication and cooperation between parties

It’s less about debating who is right in a specific situation; instead, mediation encourages discussion about the problem and how to find a resolution that works for both parties.

Who benefits from mediation?

Unfortunately, mediation won’t be a viable solution for every couple. There will be cases where you need to have your voice heard in court to ensure that you protect your rights with respect to custody and/or property.

However, mediation may be a good option if you and your spouse are able to prioritize and negotiate the outcome. Most couples can come to a resolution with guidance from an attorney because they know better than a court what is right for their situation.

Mediation may serve as a substitution for your court proceedings or act as an additional service to help come up with new resolutions to your custody or division disputes.