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When might divorce mediation be an appropriate choice?

Some couples in New Mexico seeking a divorce may wonder if there is any alternative to a long, drawn-out battle in court. They may want their divorce settled quickly and privately. For these couples, divorce mediation may be an option. There are a number of circumstances in which mediation might be appropriate.

Mediation might be an appropriate choice if the couple does not have any history of abuse, whether it is physical, emotional or otherwise. If one party was abusive towards the other, mediation may not be wise, especially if the abused party fears future retaliation that could compromise his or her safety. If such fears exist, the parties may not be able to communicate in a way that makes mediation effective.

Similarly, for mediation to be effective, a person must be able to stand up for him or herself. If a person cannot do so, they may still utilize mediation, but they may want to be represented by an attorney during the process, who can protect that person's interests during the mediation process.

In order for mediation to be successful, spouses must be able to communicate with one another. Understanding one's position can keep mediation from going on and on with no end in sight. If a spouse simply cannot communicate with his or her ex, mediation may not be the best choice.

In addition, in a successful mediation couples are honest with one another. This means that they do not hide assets or financial information from their ex to gain the upper hand. If the issue of hidden assets is present in a divorce, mediation may not be successful.

Finally, mediation can work when both parties are committed to success. By understanding that to reach a resolution, some compromises need to be made. Couples can successfully navigate the mediation process. If a party is not committed to success, he or she could back out of the mediation process without any gains having been made.

In the end, if a couple decides to mediate their divorce, each party may still benefit from retaining his or her own attorney. An attorney can help with negotiations and can explain to their client the law and their rights. A couple may then achieve a divorce settlement out-of-court, rather than going through costly and emotionally draining litigation.

Source: Mediate.com, "5 Ways to Decide if Mediation Is a Cost-Effective Solution for Your Divorce," accessed on March 8, 2017

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