Atkinson & Kelsey Law Firm Blog

Making the divorce mediation process successful

The emotional stress and fear of life changes often contribute to the complexities of ending a marriage. Divorcing couples in New Mexico and elsewhere may not always consider the various options available to dissolve their union. While some spouses prefer the traditional route and litigate the dissolution, others choose alternative methods. Whether it is to promote collaboration, negotiation, speed up the process or save money, the divorce mediation process could be very rewarding for some divorcing couples seeking litigation alternatives.

In order to make divorce mediation successful, however, divorcing couples need to enter the process with the right frame of mind. They must also understand what the role of the mediator is. A mediator is a neutral person that does not advocate for either party, but rather, the mediator listens to the needs and concerns of each party. By listening to each party, the mediator can help to diffuse conflict by helping each spouse understand the needs and concerns of the other spouse.

Being on a platform of active listening by a mediator also promotes free uninterrupted dialogue. In many cases, spouses may not have expressed certain details in a different environment, such as court. If divorcing spouses use the process as an opportunity to negotiate terms they agree on, it is likely that they will have a more desirable outcome and a divorce settlement that is both workable and amicable.

While the divorce mediation process can result in positive communication and outcomes for some divorcing couples, it may not be the best approach for all couples. In some cases, disputes and conflicts can be high and complex, causing mediation to be ineffective. A neutral third party might not be the best way to address some conflicts; so some divorcing couples may only use mediation for a portion of the divorce process.

Because every marriage is unique, so is every divorce. Couples going through the divorce process should understand the different approaches and methods they can take. This can help them take an effective approach toward resolving divorce conflicts and arriving at a fair divorce agreement.

Source: Huffington Post, “Secrets of a Successful Divorce Mediation,” Alison Patton, Accessed on June 21, 2015