Divorce mediation is a form of alternative dispute resolution. Instead of fighting one another in court, spouses sit down to address their disagreements as amicably as possible. They typically each have their own attorneys assisting them and communicate with a neutral mediator who gives each spouse an opportunity to present their perspective.
Successful divorce mediation empowers the spouses to settle their disagreements privately and move forward with an uncontested divorce. Mediation is generally only successful when spouses reach an agreement and then sign a document that outlines the terms they established. People who come to the mediation table with specific goals may find that the process is easier to navigate.
Emotional reactions can derail the process
During mediation, spouses have to discuss matters both large and small on which they do not yet agree. They may negotiate arrangements for addressing home equity and sharing child custody. Frequently, people negotiating divorce matters have emotional reactions to various issues and disagreements.
It is relatively easy for spouses to let their emotional responses derail mediation and interfere with their attempts to cooperate with one another. Intense emotions can undermine rational thinking and lead to escalating conflict levels. Spouses could then fail to settle matters during mediation or might end up wasting time and effort on issues that ultimately have minimal importance.
Spouses who discuss the basics of Michigan’s equitable distribution statute can understand what is likely to occur if they litigate. They can then work with their attorney to set practical divorce goals based on their circumstances, including the totality of the marital estate.
When people attend mediation sessions with specific priorities in mind, it can be much easier for them to compromise on other matters and limit their emotional intensity. Compromise and concessions are critical to the success of divorce mediation. Spouses can protect their own best interests and potentially streamline the mediation process by setting clear priorities instead of waiting for the mediator or their spouse to bring up various issues.
Proper preparation prior to mediation can increase tone’s chances of success and may even decrease the number of sessions necessary to resolve disagreements that could influence the outcome of a divorce. Working with an attorney while preparing for divorce mediation can help spouses assert themselves effectively while still pursuing an uncontested divorce.