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.
Once a party decides to take the case to court, the collaborative process is terminated. The critical component of a collaborative contract is the requirement that each side will hire a new attorney to represent them going to court in the matter.
Even in a collaborative divorce—which, by definition, is one in which both spouses seek to reach consensus through negotiation rather than litigation—it can be easy to do things that may undermine the process. If you have chosen the collaborative route, you did so because it was emotionally and potentially financially less costly and creates far less stress than a contested court battle, especially when children are involved.
Divorce is one of the most stressful life events you may ever experience. Your feelings throughout the divorce process are undoubtedly complicated—you might feel any combination of grief, fear, uncertainty, relief, freedom, excitement, and many other complex emotions at a given time.
When a couple decides to divorce, one of the most important early decisions should be to prioritize your children throughout the divorce process. This starts with …
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