Sometimes litigation isn’t the best way to solve all of the issues facing a couple in a divorce. Alternative methods like mediation can help two people come to fair agreements on tough topics like child custody, property division, alimony, and more. Some serious effort needs to be made by both parties during mediation sessions though. Our Morristown divorce mediation lawyers can help you along the way.
What Should I Do During Mediation Sessions?
You shouldn’t be trying to “win” in these sessions. This is supposed to be a collaborative process. You and your spouse are going to work together during mediation to figure out a mutually agreeable way to resolve some of the big issues that face every divorcing couple.
This can be an emotionally fraught situation, but focusing on finding solutions can be helpful. We recommend that you:
- Try to put aside any problems that you have with your spouse
- Be ready to listen, not just talk
- Do not just keep trying to blame your spouse for problems
- Think about how you are expressing yourself non-verbally and how that can affect negotiations
- Follow the lead of the mediator as they try to foster discussion
How Can We Benefit From Effective Communication During Mediation Sessions?
If you can work together during mediation sessions, you and your spouse will get to see the benefits of this alternative dispute resolution method firsthand. When it’s successful, mediation can be:
- Quicker than litigation
- Less expensive than going to court
- More private than court hearings
- A good way to discover creative solutions
When you come out of mediation, you also now have a good foundation for establishing a cordial post-marriage relationship. This is a necessity for divorcing couples who still need to have some kind of relationship with each other, like parents who are going to have to split custody and have conversations about their children.
Should Every Couple Try Mediation?
We do think that many couples can benefit from trying this method of dispute resolution, but the unfortunate truth is that not everyone can work together in this kind of environment. Mediation is generally not a good fit for couples who have major issues from marriage that were never properly resolved. Some examples of this can include one spouse’s infidelity, a history of domestic abuse, or a large power imbalance in the relationship. It can also be difficult to going into mediation if either spouse has a habit of lying or trying to hide assets.
Contact Our Law Firm
If you think that this alternative dispute resolution method might work well for you and your spouse, contact Townsend, Tomaio & Newmark. We can schedule a consultation and tell you more about what our attorneys can do to help.
