Tips for Successful Mediation During a Divorce

A divorce can be one of the most challenging life experiences for anyone to face. The process can be riddled with difficult decisions and heated exchanges that test one’s emotional stability. For many newly divorced couples, leveraging mediation as an alternative dispute resolution method can offer an effective path to an amicable resolution. A California divorce mediation attorney can make the process much easier.

Mediation can save both parties significant time, money, and emotional distress. Below are some essential tips to help ensure your mediation sessions are putting you on a path to success.

How to Prepare Yourself for Mediation

Going into mediation with a clear head will help significantly. It’s normal to feel many strong emotions, but you should try to stay calm and think logically. Performing different exercises, like deep breathing or talking to a friend before each session, could help you prepare for mediation emotionally. If your mediator charges hourly fees, there’s a financial incentive to make each session productive, and anger may prevent progress from being made.

It’s normal to be upset and lash out in the moment. However, you should try to keep those feelings in check to have better conversations and prevent yourself and the other party from making rash decisions out of anger or fear.

Organizing Your Documents

You should gather all relevant documentation to support any points you want to make, such as bank statements, bills, or anything else related to your money or property. Having everything sorted and easy to find will make the conversations flow much more smoothly during each session. A lawyer can help you gather all the documents you’ll need. This can help you save time and keep both parties focused on what is important.

Setting Your Goals

Before you enter your first mediation session, it’s important to take time to consider what it is you want and need out of the divorce. For example, it could be a share of the other spouse’s retirement account or a custody arrangement that benefits the children. Knowing what you are trying to achieve in advance will help you to stay focused on what matters most.

It’s useful to have ambitious goals, but you must keep in mind that mediation involves compromise. It is highly likely that a perfect solution does not exist. If you and your partner were on the exact same page, the mediation sessions wouldn’t need to happen in the first place. Be prepared to find a middle ground and have a list of items you would be willing to compromise on in exchange for something else you highly prioritize.

Communicate Effectively

Good communication is more than just effectively communicating your point. It also means you have to be an active listener. Genuinely try to understand where your ex-spouse is coming from while also delicately sharing your own side of the story. You should avoid blaming or arguing as much as possible to maximize the chance of finding solutions together. A skilled mediator may assist in facilitating open communication in an attempt to find a compromise.

If you are able to speak calmly and exude respect, you will be able to get much further in each mediation session. It might not always be easy, but it will be worth it in the end when you can move on from the marriage in peace. This is a highly recommended way to ensure both parties are able to feel heard and can work together toward agreements that make the most sense.

FAQs

Q: What Happens if We Can’t Reach an Agreement in Mediation?

A: If both parties are unable to reach an agreement during their mediation sessions, it doesn’t suggest that agreements will be impossible to come to. A mediator will learn about both parties from their first few sessions and may try different approaches to help find common ground. If that doesn’t work, both parties will take a break and return for more sessions later, or the disputes will have to be pushed to court.

Q: How Long Does Divorce Mediation Typically Take?

A: The length of divorce mediation will depend on how complicated matters are and how well both parties are able to cooperate during the sessions. Couples that are largely agreeable could be finished within just a few hours. In more extreme cases, mediation sessions could go on for months until final decisions are made. As long as both parties are satisfied with the progress being made in each session, there is no pressure to resolve any disputes by a specific deadline.

Q: Is Mediation Legally Binding?

A: Any agreements that are made within mediation sessions will become legally binding once they are formalized into a written document and signed by both parties. This document is often referred to as either a settlement agreement or a divorce decree. Once both parties have signed off, the paperwork will be submitted to the court for approval. After the court has had a chance to review the details and sign, the agreements outlined within the documents are official.

Q: How Does Mediation Address Power Imbalances Between Spouses?

A: A skilled mediator is trained to identify and address any power imbalances that they observe between spouses. They use techniques to ensure that both parties have an equal opportunity to express their views and concerns without the other spouse cutting them off or invalidating their feelings.

If, at any point, the mediator feels that one party is being overpowered or intimated, they may interject. They may also take additional steps, such as conducting individual sessions with each party, to address the power imbalances.

Bickford Blado & Botros Can Assist in Your Divorce Mediation

If you are entering a divorce and have questions about how mediation can serve you, connect with our family law attorneys today. We have extensive experience in mediation sessions and are ready to help resolve your own family law disputes. As a Certified Family Law Specialist, Nancy J. Bickford can act as your mediator, help you reach a compromise, and create an agreement that benefits all parties.

 

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