Divorce Mediation is a well established, client friendly and cost effective way for spouses to reach a settlement of their divorce related issues.
These general divorce issues, which must be addressed in any divorce settlement process, are division of marital property, child related agreements and child support and spousal maintenance. Whether parties litigate these issues at trial or choose a more cooperative and collaborative approach like mediation, the issues remain the same and must be addressed before the case is resolved The use of mediation is foreign to many divorce attorneys. Disagreements must be dealt with creatively rather than employing the threat of litigation.
The divorce mediator seeks to resolve disagreements by such means as creative problem solving, the use of non-threatening dispute resolution approaches and an ethic of supporting open lines of communication between the parties. One important goal of mediation, especially when continued joint parenting of children is involved, is to support cooperation in the transitioning relationship between the parties. One of the benefits of divorce mediation is the directness of the communications between the parties. In the traditional adversary system, the process starts with the attorneys conversing with their clients; next, the attorneys must explain and interpret the client’s point of view to the opposing attorney; after that come the settlement negotiations with the attorneys trying to balance the needs of their clients against the positions of the other party; and this can go on for some time. One can imagine how costly, time consuming and distorted communications can become, especially with the layers of defensive arms length negotiating and strategizing that is inherent in the adversary system.