Mediation is one of the ways that people can address unresolved issues before going to family court for divorce. For many spouses, avoiding or at least minimizing litigation is a top priority. Litigation can be expensive. It can also result in the public disclosure of various private details. The process of litigating tends to exacerbate existing conflict between the spouses, causing further damage to their relationship with each other.
Mediation is faster and confidential. It can be more cost-effective and can help people repair their relationships by cooperating with one another instead of worsening the dynamic between the spouses. Those who intend to mediate their disagreements about an upcoming divorce may feel happier with the outcome if they prepare in advance for mediation.
How can people prepare for divorce mediation?
Learn the legal basics
One of the most appealing aspects of divorce mediation is how the process empowers people to set their own terms. Unfortunately, some individuals do themselves a real disservice by maintaining unrealistic expectations. Others may make unnecessary concessions. Spouses who know the basic rules that apply to financial support, property division and parenting issues can set achievable goals and can recognize when the terms proposed in mediation are unfair or otherwise inappropriate.
Review household records
Particularly when spouses must address property division matters or financial support disagreements in mediation, it is necessary to have a realistic understanding of the household’s financial circumstances. Technically, mediation does not require formal discovery and financial disclosures in the same way that litigation does. However, spouses preparing for mediation may benefit from gathering financial records and reviewing them carefully. That way, they understand what is reasonable and fair given their family’s circumstances.
Identify high-conflict issues
Every divorcing couple has different issues to negotiate and resolve. Some of those issues are likely to trigger emotional reactions from one or both of the spouses. People hoping for successful divorce mediation typically need to identify the issues that could become emotional triggers for them or their spouses. That way, they can quickly recognize when they may need help remaining calm or when they may need to have a more diplomatic approach to specific concerns.
Discussing what happens during divorce mediation and marital issues with a family law attorney can be a valuable part of the mediation preparation process. Spouses who prepare in advance for divorce mediation may achieve better results than those who rush ahead without any preparation.