Upon the breakdown of a relationship there are many decisions to be made with respect to property, support and parenting. Traditionally, litigation was the method parties used to reach resolutions with respect to these matters. However, there are now many different dispute resolution options available which allows parties to tailor the process to their unique needs. At Jones Divorce & Family Law we promote a different divorce approach – one that allows you to have maximum control of your file and we do this by promoting mediation and arbitration as opposed to the traditional route of litigation.
A mediated divorce allows couples to maintain respect and partnership while making the best decisions for themselves and their family. Here are several ways you can ensure a successful divorce mediation process.
The mediation process is not about being combative or secretive. Its quite the opposite – the process is about letting go of anger and bitterness and learning once more how to work together, even if it’s just for one last time. Parties to a mediation should come to the table with an open mind, a commitment to transparency and with the goal of resolution. It is best to be polite, calm and level-headed. The more cordial you are, the better the outcome will be.
Honesty is the Best Policy
Be brutally honest (yet tactful) during the process. This doesn’t just mean with your former partner and the mediator, but with yourself. The more frank you can be about your situation, the better off you’ll be. In fact, in most cases, you are not permitted to withhold information. Anything you hold back could hurt you in the long run.
When the other party in the proceedings makes an offer that you don’t like, you can be tempted to become obstinate and stick to your guns no matter what. This is rarely the best means to get an agreeable outcome. Learn to pick your battles and see things from your former spouses point of view. Be open minded about the process and understand that its about negotiation and fairness, not getting everything you want.
Speaking of fairness, be fair in all your dealings. Start with a reasonable offer rather than an extreme one. Be open about what you’d like to get out of the process, but also where you’d be willing to give a little. If your spouse makes a counteroffer that may not be exactly what you want but still seems legitimate, you should seriously consider it rather than dismissing it outright.
Seek Divorce Mediation Progress
Every offer and counteroffer you make should have one single goal: to move the process forward. If you become too hard-headed or insistent, you could not only stall the proceedings, but end up going in reverse.
Remember, you are here to make the best decisions for both of you, and to keep the outcome in your own hands rather than those of a stranger. At every step of the way, ask yourself if what you are about to say or do will have a positive and progressive result.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.