Strategies for Effective Divorce Mediation

 Posted on September 27, 2022 in Divorce

Divorce mediation is a form of collaborative divorce, in which the spouses reach an agreement on each divorce issue without judicial intervention. The need for courtroom proceedings is eliminated if an agreement can be reached. Avoiding hearings can save time and emotional energy that many would prefer to devote to adapting to a new way of life, or sharing time with their children. Those whose relationship with their spouse is more contentious may worry that mediation or negotiation will be ineffective or anticipate heated arguments. However, collaborative divorce methods may be employed without any need to bring the spouses together in person. This can eliminate tension and promote the exercise of reason. If you are preparing for a collaborative divorce, strategizing with the assistance of an attorney before the commencement of negotiations would be wise. 

Using Mediation or Negotiation Effectively

It can be helpful to approach a collaborative divorce with a business-like perspective. The goal is not to resolve the issues that led to the end of the marriage, but to determine how property and parental responsibilities are to be allocated. Strategies you may find useful include: 

• Set hard lines - Consider your priorities in advance of negotiation or mediation, and determine what you are unwilling to give up. Be firm in your boundaries, and be prepared to resort to litigation should you and your spouse reach an impasse. 

• Be willing to compromise - Prepare to compromise on some issues. Mediation and negotiation likely cannot succeed if one or both of the spouses is entirely unwilling to sacrifice. 

• Do not compete - Divorce is not like a lawsuit, where one party wins and the other loses. Conceptualizing divorce as a win-lose affair can lead to a counterproductive competitive mentality. 

• Choose the right method - It is important to consider the varying methods for resolving a divorce out of court. Mediation with both parties in the room may be right for an amicable pair, while attorney-facilitated negotiation involving no direct contact with your spouse may succeed for those who are in a high degree of conflict. 

• Scope of conversation - During collaborative divorce sessions, it is prudent to focus strictly on the task of dividing property and allocating parental responsibilities. Allowing the conversation to drift can cause the session to devolve into a dispute unrelated to resolving the divorce. 

Your divorce attorney can provide you with additional advice pertaining to your unique situation. 

Contact a Rolling Meadows Divorce Attorney

Law Offices of Donald J. Cosley is skilled in employing collaborative divorce strategies to allow for an uncontested divorce. Our skilled Rolling Meadows divorce lawyers will assess your situation and develop a strategy for your collaborative divorce. Call 847-253-3100 for a free consultation. 

Source: 

https://www.mediate.com/tips-for-a-productive-divorce-mediation/