Atkinson & Kelsey Law Firm Blog

Understanding the ups and downs of divorce mediation

When a couple establishes that a marriage is no longer working, they often consider their options. The seriousness of a failed relationship could lead to the discussion of divorce. Married couples in New Mexico and those across the nation often think about the legal fees associated with the process. This can be daunting and could lead to a very emotional and hostile situation, which could eventually lead to disputes. This has left divorcing couples attempting to resolve these issues by considering different divorce options.

Reports show an increase in the rates of divorcing couples who are now utilizing divorce mediation. It is very common for spouses to want to avoid the high costs of litigation. Furthermore, a faster dissolution is desirable for those who understand what they want and just want to get to the end point. No matter their reason for choosing the process, it is crucial that they understand what it means so they can properly establish whether or not it is the right option for them.

With a mediator present and acting as a neutral facilitator, the divorcing couple is able to resolve their divorce issues in one or several sessions. Each session is used to help them reach their ultimate goal, which is to reach a divorce settlement. The process empowers both parties and provides them with the opportunity to speak their mind, reach their goals and obtain an amicable divorce.

Although divorce mediation is a method to go through the divorce process without high costs or lengthy battles, there are still challenges. For some, these challenges might be so apparent that the method is no longer useful for them to finalize their dissolution.

It is common for emotions to get in the way during a divorce. Communication could become ineffective and spouses may no longer like the facilitator in the process. These issues, as well as others, might require the divorcing couple to make changes or even consider other options.

Even though there is a growing trend to use the divorce mediation process, it does not mean it is a method for all couples. More complex dissolutions might require other divorce options.

Source: Examiner, “Can divorce mediation save the world?” David Crum, Jan. 21, 2013