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What to expect in Divorce Mediation

Posted on November 28, 2018

It shouldn’t come as a huge surprise that you won’t necessarily see eye-to-eye with your ex when you start hammering out the terms of your divorce settlement.

There are a variety of legal options to help bring about a resolution. Today we are going to discuss the role of mediation and the advantages and disadvantages of using this approach when finalizing your divorce.

A divorcing couple in divorce mediationWhat is mediation?

Mediation is when both parties agree to meet with a neutral third party mediator in order to work together through the important issues concerning their divorce.

The mediator plays the important role of keeping the discussion amicable and moving in a positive direction. They can also help focus the discussion if it gets off-track or overly heated. This helps prevent the divorcing couple from spending their time with name-calling and playing the ‘blame game’.

It is important to note that the mediator’s job is to remain neutral and not intervene to benefit either party. They may be influential in coming up with ideas and possible solutions, but they are not meant to tip the balance in favour of anyone.

What are the advantages of divorce mediation?

When used properly, mediation may reduce the amount of time and money you need to spend on your divorce.

In addition, it also keeps the details and terms of the divorce confidential, which can be preferable if there are embarrassing or private details that either party wants to keep quiet or simply to keep your private affairs out of public spectacle.

Ultimately, the chief benefit with mediation is setting standards around communication. The breakdown of communication can often be a chief reason for the divorce in the first place, so being able to establish that communication once again can be very helpful both for coming to a settlement on terms and also for one’s mental health.

What are the disadvantages of divorce mediation?

When the mediator is ready to help shift negative discussions into a positive direction, it should be noted that mediation will always depend on whether or not the separating couple still have enough shared respect and empathy in order to work together. If there is too much pain and/or anger it won’t be a practical solution.

Secondly, if either party is generally open but has a tendency to “draw a line in the sand” over certain commitments then the process won’t necessarily be cheaper or quicker than if it had been hammered out using a different legal method.

Lastly, if there is a power imbalance between the parties or the relationship was abusive in nature then mediation may not be appropriate.

Let’s talk!

Have more questions about divorce mediation and whether or not it might be the right option for you? Don’t hesitate to contact Epstein & Associates today to talk to one of our legal professionals and to get an opinion on what option will work best for you!


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