Divorce mediation is a viable alternative to divorce litigation for many couples. Instead of presenting concerns and expectations to a family law judge, divorcing spouses sit down with a neutral third party to settle things outside of court. Successful divorce mediation results in a signed agreement that allows for an uncontested divorce. Spouses have to address matters related to finances and child custody on which they do not yet agree in order to reach this end.
How can people prepare for mediation to help them achieve the best possible outcome?
Learning about the law and the process
Spouses attending mediation have control over the terms of their divorces, but they likely need to seek solutions that are close to what a judge might impose in a litigated case. Learning about the equitable distribution of marital property and the best interests standard for custody matters can help people establish realistic expectations for the mediation process.
Spouses preparing to mediate also need to know what happens during a mediation session. The process is essentially a series of structured conversations in which spouses present their wishes and perspectives in order to arrive at reasonable compromises.
Reviewing disclosures and financial records
The ability to negotiate a fair property division settlement depends on an understanding of the marital estate. The more assets spouses share, the more they need to divide when they divorce. It is easy to overlook valuable property and smaller debts when there is a complex marital estate.
In some cases, a review of disclosures and household records can raise questions about discrepancies that may indicate an attempt to manipulate the process or hide assets. People need to have accurate and thorough information for a fair outcome to be possible.
Preparing strong opening positions
The mediation process is all about compromise and concessions, so spouses often start out seeking slightly more than they actually want from one another. This gives them room to compromise in some areas and hold firm in others.
Many people preparing for mediation also need to learn a bit about negotiation tactics. While the lawyers representing the spouses and the mediator can help protect against overt abuse and manipulation, it is important to be prepared for aggressive tactics.
The more proactive spouses are about preparing for divorce mediation, the more likely they are to complete the process quickly and successfully. In many cases, resolving matters amicably outside of court can help people control the outcome of a divorce and limit the costs involved.