The overwhelming heartbreak of your decision to end your marriage used to dominate your every thought. Granted, you and your spouse knew it was the right decision, but that did not make it easier. You replayed the conversations before drifting off to sleep at night, and you often wondered while driving to work if there was anything you could have done differently. There were no screaming fights—yet you could not help but feel resentful. Fast forward to today, and you now find yourself at peace and ready to help make the legal side of the divorce process play out as smoothly as possible. For many couples in your shoes, the best solution is mediation.
Mediation helps divorcing spouses resolve their cases quietly, efficiently, and amicably rather than deal with the unknown consequences of courtroom litigation. Many courts increasingly require mediation before trial, and statistics show it is highly effective.
However, mediation of the divorce case cannot work without proper preparation and both parties being open to this alternative dispute resolution process.
How Do I Know We Are Open to Mediation?
There are a few simple ways to tell if you and your spouse are open to mediation.
- You and your spouse are talking more — Talking more does not necessarily mean you and your spouse are ready to reconcile. That said, communicating calmly and respectfully, even when you disagree, is the hallmark of fruitful mediation efforts and a positive sign that the process can work. Mediation involves a neutral third party (the mediator) overseeing negotiations, facilitating offers, and managing each party’s expectations to resolve issues amicably and avoid a courtroom. This requires you to listen actively, express your desires civilly, show empathy, and find ways to focus on what you can agree on.
- You do not want to dwell on the past — Dwelling on the past is corrosive for you, your kids, your spouse, and your family. It also does not get you any closer to feeling better about your journey ahead. If you both recognize that dwelling on the past does not get either of you closer to the outcome you seek, mediation of a divorce case may be the perfect option for you.
- You want to avoid a courtroom battle — You have heard countless stories and nothing but negatives about divorce in the courtroom, and how many parties end up attacking each other with a win-at-all-costs attitude. In many respects, those stories are not incorrect. That said, it is important to know that not all divorce cases end up in court. Many are resolved amicably to achieve the best outcome for all parties involved. In your case, perhaps you are motivated to work through the finer details of your divorce settlement with an eye on compromise. If so, this is a great sign that you can avoid the time, expense, and emotion of drawn-out litigation.
- You agree on most major issues — All too often, divorcing spouses cannot see eye to eye on anything and will not budge until they get their way. This includes matters related to child custody, property division, and support. But with you, those are not issues at all. Sure, you both want what is fair. That said, you are both relatively on the same page and willing to work toward an agreement.
- You want to protect your children from conflict — It is very easy for parents to forget about the impact divorce has on children. If you and your spouse are putting the kids first in all your decision-making, mediation of the divorce case may work for you. Why? Mediation tends to be less adversarial and more child-focused than other divorce options.
- You prefer privacy — Unlike courtroom litigation, mediation is confidential, and the mediator cannot testify at trial about anything said or any offers made during the process. They also cannot represent either party in court, set terms, or decide the outcome of a case. This can keep the details of your separation out of the public eye.
- You want more control over the outcome — Mediation allows you and your spouse to decide what happens next, rather than leaving those decisions up to a judge who does not understand your wants, desires, or unique family dynamics. Mediation allows for flexible agreements that might not be possible in court, and you are likely to honor a mediated agreement you helped create.
Our team at Nelson Law Group, PC, is here to help our clients resolve conflicts with empathy and understanding. If you are looking for mediation services for your divorce case, please call us. We want to work together toward a peaceful outcome.
Call Nelson Law Group Today!!
Regardless of your legal matter, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward—inside and outside the courtroom. The Nelson Law Group brings decades of experience to every mediation case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
