Mediation is a very valuable tool for those who anticipate a divorce but do not want to fight with their spouse in court. Through structured negotiations facilitated by a neutral third party, spouses who currently vehemently disagree with each other about key elements of their divorce process can potentially work through those disputes to achieve an uncontested divorce filing.
Although mediation can be a very useful tool, it can also be a very stressful and even frustrating experience for spouses. It can only be successful if the spouses are able to reach an agreement about how to divide their property and handle any other outstanding matters from their marriage.
How do those hoping to resolve their disagreements in mediation prepare for the process to increase their chances of success?
Review details and establish goals
The better prepared an individual is before mediation and the more they review with their lawyer ahead of time, the easier it will be for them to focus on what matters the most during their negotiations with their spouse. Setting priorities early in the process will make it easier to compromise in areas that are less important to an individual.
It is often beneficial to go over the rules that would apply to major decisions should the couple litigate and also to review marital resources and circumstances very thoroughly. With thorough advance review and proper goals, spouses won’t fall victim to any attempts at manipulation or trickery during mediation and can remain focused on what matters the most to them throughout the process.
Practice communication skills
Mediation won’t work when couples absolutely refuse to communicate calmly with each other. Especially if there are children and that therefore a future that involves shared custody, redeveloping communication skills either independently or together in the days leading up to a mediation session, may benefit the entire family. Prioritizing calm communication and giving each other enough space to process at each stage of mediation can increase the likelihood of the spouses cooperating successfully and reaching an agreement that they both believe is appropriate. After all, mediators can help, but the spouses ultimately set the tone for the meeting.
Seeking legal guidance and engaging in careful preparations can make a significant difference for those trying to pursue a more peaceful approach during their divorce proceedings.