Key Considerations Before Divorce Mediation

6 July 2023
 Categories: , Blog

Most people think of divorce settlements as complicated, hostile processes. The fact is that you don't have to face that type of litigation if you choose mediation for your settlement instead. While mediation is designed to allow a more cordial, respectful, and amicable resolution, it is not a guaranteed solution. Here are some tips to help you overcome some of the most common challenges and set yourself up for a successful mediation process.


Communication is paramount when you choose mediation. Remember that your mediation process is a mutual undertaking for a legal settlement, so leave your emotions at the door. Instead of allowing your communication to suffer as a result of your emotional distress, take time to calm your emotions and approach mediation as a transaction, not an argument. Use active listening techniques and practice taking a breath and thinking carefully before you respond to things so that you can be more rational and calm along the way.


One common complication with mediation occurs when one party feels as though the other party has an advantage in the process. For example, when one spouse tends to be domineering and controlling, they are likely to come into the mediation process with that attitude. Choose a mediator who will ensure that nobody is pressured, intimidated, or overpowered in negotiation. When your mediator is not afraid to take charge of the process, it ensures a more level and equal negotiation.


Trying to come to agreements on every aspect of your divorce settlement isn't always easy. You might reach a point where you are unable to agree on an issue. When that happens, you need a mediator who can help you practice active compromise steps. Usually, it starts with taking a break so you can both get any emotions in check. Then, you'll each lay out your case and your mediator will help you find potential compromises to settle the disagreement. From there, you will negotiate with the guidance of your mediator to keep everyone on task.

These are just a few of the things to consider when you're thinking about mediation for your divorce. If you and your spouse are struggling to resolve things on your own, you may find that working with a mediator makes the process easier and more efficient. You can not only reduce frustration but you'll also save money by reducing your time in court.

For more information on mediation, contact a professional near you.