Divorce mediation is a solid choice for couples who are on relatively good terms during their divorce proceedings. By opting for a mediated divorce rather than going to court to determine the terms of your divorce, you can often create mutually beneficial arrangements that will help both you and your former partner move on with your lives. Mediation may also be recommended for couples with children to provide the most comfortable interactions between parents and the best environment for children when navigating a divorce. Deciding whether mediation is the right choice for you and your former spouse can help you manage your divorce in the most practical way for your situation.
Are You a Good Candidate for Divorce Mediation?
Couples that successfully navigate the mediation process generally share some common traits. These characteristics can make the difference between a mediated divorce and one that ends up in court because of issues that cannot be resolved in a less formal setting. Here are some of the most important elements that must be present for mediation to be successful.
Both Parties Must Agree to the Divorce
The first and most important element for mediating your divorce successfully is an agreement on the part of both you and your former partner to divorce. Mediation is not appropriate for cases in which one partner does not want to divorce and is likely to contest those proceedings in and out of court.
There Must Be No History of Abuse
If abuse has been present at any point during the relationship, mediation is unlikely to be the right solution for your divorce. This includes abuse of your children as well as domestic abuse. If you or your former spouse have a history of abuse, enlisting a divorce attorney and going to court is usually the best way to deal with child custody and other matters pertaining to your divorce proceedings.
You Should Be Able and Willing to Communicate Clearly
Establishing clear lines of communication and being able to talk calmly and without undue emotion is also essential for a successful mediation process. This may involve talking with your mediation attorney or directly with your former spouse. In either case, leaving the anger and disappointment behind during mediation is likely to provide you with a better experience and more practical solutions throughout your divorce process.
Both Parties Should Be Willing to Compromise
Compromise and negotiation are at the heart of the mediation process. If you are unwilling to give up any of the things you want to reach an equitable agreement about, mediation is not the right choice for you. Negotiating a mutually satisfactory divorce will require a fair amount of give and take for both you and your former partner. A willingness to compromise is one of the most essential elements in a successful mediation process.
For couples who are on fairly good terms, divorce mediation can provide added control over the process and the outcomes of these proceedings. This will often allow you and your former spouse to make the most practical decisions for your children and to move on with your lives in the most positive way possible.