Decision Making Process in Divorce Litigation vs. Divorce Mediation

When seeking a divorce, there are a lot of decisions that must be made.  Making mutually agreeable decisions can be challenging during a divorce because there are often hurt feelings, anger, frustration, sadness, heightened emotions, etc.  All of the emotions in a divorce get even more heightened when arguments and testimonies have to be presented in a courtroom.  The decision-making process is not only made easier by utilizing divorce mediation, but it goes far more quickly and smoothly as well.

In a divorce court, both individuals present their side of things and argue why they should get what they want.  It is all about who wins and who loses.  For example, in a standard community of fairness (where a court determines how to split your assets), a court might decide that you must sell your house as part of the divorce settlement but in mediation you can work to come to a mutually beneficial decision. With divorce mediation both people are given the opportunity to speak freely, be heard, and discuss ways to find a mutually agreeable solution.

After your initial consultation, a mediator will work with you to set a roadmap including respectful boundaries.  Once we have rules and procedures in place it is far easier to discuss assets, debt, custody, etc. in an atmosphere of mutual respect and come to an equitable resolution.  We know that not all couples will agree on all matters and that is why a mediator is present to ask questions, collect information, and work on ways to mediate issues rather than argue.  Mediators often have extensive backgrounds in law, psychology, business, and mediation tactics to help you communicate effectively, negotiate fairly and work towards a goal of finding an agreement that is mutually beneficial and with which everyone is comfortable.

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