How spouses can prepare themselves for divorce mediation
Individuals facing divorce have several options available to them. Sometimes, spouses already have arrangements in place that can streamline the divorce process. Prenuptial or postnuptial agreements can take much of the guesswork and conflict out of divorce proceedings, as spouses have already established terms for all of the major issues.
Without a pre-existing contract, spouses typically have to settle their primary concerns after one of them suggests divorce. Frequently, spouses have intense negative emotions initially and they struggle to agree on key matters. They can arrange to sit down with a mediator and work through their disagreements.
Successful divorce mediation can reduce how long it takes to divorce and how costly the process is. Spouses can also focus on obtaining terms that are important to them. As is true for any important process during divorce, preparation can have a major impact on the outcome of divorce mediation.
How can spouses properly prepare for a mediation session?
Learning the basics
People who come to the mediation table with unrealistic expectations may make unreasonable demands and may have a hard time compromising. Therefore, those preparing to mediate need to understand the basics of state law. Lawyers may need to educate their clients about what happens during equitable property distribution. Those with children may need information about how the courts determine the best interests of those children for custody issues. People who know what would likely occur in court can set reasonable goals for mediation.
Reviewing records
During mediation, spouses or their lawyers may reference numerous details about the marriage or the marital estate. The more carefully people review financial disclosures and other marital records, the easier it may be for them to counter statements and proposals made by the other side. While everyone has access to documentation during mediation, having a reasonable understanding of family circumstances and any proposed settlement can facilitate smoother mediation.
Knowing when to walk away
Ideally, divorce mediation results in spouses compromising and agreeing on certain terms. When mediation is successful, the spouses sign binding agreements that then determine what happens in family court. People may need to prepare themselves for the possibility that their spouses will not compromise. They may need to talk with their attorney about when they need to cease attempting to mediate and prepare to walk away.
People who have clarified their own priorities and established firm boundaries may have an easier time navigating a potentially lengthy and emotional mediation session. Preparing in advance for divorce mediation with the support of a family law attorney can help people protect themselves and improve their chances of success.