If you’ve decided to get a divorce, the traditional court litigation model is not your only option. There are a variety of different alternative dispute resolution options that allow you to handle your divorce out of court and in a more cooperative and dignified manner.
If you and your soon-to-be-ex spouse have agreed to a mediated divorce, you have chosen to negotiate terms that are mutually agreeable and, in the long term, more sustainable. Mediation is a process.
It almost goes without saying, if you and your spouse have recently decided to get a divorce, you’re probably not on the best terms. But just because you’re arguing a lot or are having difficulty communicating doesn’t mean mediation isn’t an option for your divorce.
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Like all forms of divorce, mediation comes with its own set of rules and guidelines. At the beginning of the process, you can expect your mediator to explain how mediation works and review a set of ground rules you and your spouse will be expected to follow.
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Divorce mediation works best if both parties are equally invested in achieving an agreement outside of the courtroom. This requires some degree of cooperation on the part of each spouse. However, in some cases, this cooperation is hard to come by, especially if there has been a significant breakdown in communication and one spouse simply refuses to be cordial with the other.
Divorce mediators are highly skilled at creating a positive environment for constructive discussions and guiding people toward agreements, even in difficult situations. You should do everything you can to make a good faith effort at communicating with your spouse. Both of you should focus on your children first and foremost, and remain civil.
However, in some cases, you might simply need to abandon the mediation process and head to the courtroom. Here are a few examples of such situations.
Divorce mediation is an alternative form of divorce that uses a third-party mediator to work out various aspects of the divorce, such as the division of property and parenting plans. Because mediators are professionals whose job is to help people reach agreements through cooperation and compromise, the mediation process tends to be less contentious than traditional divorce.
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