Let’s begin with a few important facts:
- The greatest factor that determines the cost and time associated with a divorce is the ability of the parties to work through areas of disagreement to find resolution and agree upon a settlement they can live with and move forward
- A successful divorce strategy balances the protection of important priorities and objectives with the necessity of give-and-take.
The good news is many of the issues in a divorce such as child custody and parenting time or spousal support can often be resolved through effective negotiation. What happens when the parties can’t find common ground and reach agreement? What happens when there are complex assets such as investments or the ownership of a private practice or business interest? Is mediation a strategy you should consider in your divorce?
Mediation is founded on the principles of setting aside visceral bitterness, and working in a cooperative way with the leadership of a neutral third party to find a fair solution. There are some cases where mediation may not seem to be the best option, especially when the balance of power between the couple is lopsided, or in cases with a history of domestic violence or abuse. However, mediation can help to level the ground between the parties, especially in cases where personality disorders or controlling behaviors are a factor.
Mediation doesn’t mean you have to put on a false face of nicety or act cheerfully. It simply means you have to value the idea that approaching the issues before you with openness, fairness and give-and-take. Mediation will often actually reduce the amount of emotional turmoil and stress associated with the process. Multiple large studies have shown those who work through mediation to forge an agreement are much more likely to abide by it after the divorce decree.
It may not be realistic to think that you and your former spouse are going to agree upon everything and every point. It is realistic to understand the value of principled compromise in an effort to reach an agreement you can live with.
Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists. We can discuss your unique circumstances and provide insight into many of your questions, including is mediation a strategy you should consider in your divorce?