Mediation is a process. It is a journey. It is not a journey that is for everyone…until they are ready.
A recent blog hits on three “red flags” that divorce mediation may not be a process that is right for you. Sometimes mediation is a process that is right for couples once the individuals “are ripe” for resolution. What does that mean? Parties that succeed in mediation often have these characteristics, among others:
- A desire to get out of the current state of affairs and move forward to something that is more certain.
- A firm awareness that reconciling the marriage will not occur.
- A strong interest in having some control over the outcome rather than awaiting a trial court’s decision, which may not be favorable or that does not best fit your family’s needs, culture, etc.
- A sufficient measure of confidence in what the legal landscape of divorce entails for their particular case.
- Strong preparation in budgeting, inventorying assets and debts, and making decisions about the children that are for the children (vs. the wants, needs, desires of the parent).
- A willingness to accept change.
In the context of divorce, not every party in the marriage attains these qualities at the same time (or ever). However, when both parties reach a critical point of acceptance, mediation indeed may be a process that serves them well.
Filed under: Alimony, Alternative Dispute Resolution, Child Custody, Child Support, Co-Parenting, Collaborative Law, Divorce, Equitable Division of Property, Infidelity, Litigation, Mediation, Mediation Coaching, Negotiation, Neutrals, Property Division, Separation and Divorce