Mediation allows parties to work in a collaborative environment and reach an agreement satisfying to both sides. The enclosed article suggests mediation as a first step in solving problems and reaching voluntary agreements. Instead of using mediation as a last resort, the article recommends using it as the first step to work out solutions. In particular, using mediation, a less formal alternative than court, makes it less likely that parties will react defensively or overstate their claims. Although the article discusses mediation in a business context, the following three suggested requirements for a successful mediation also serve well in divorce mediation:
(1) a willingness on the part of all the relevant parties to work together to resolve the problem or deal with the situation;
(2) the availability of a trusted “neutral” with sufficient knowledge and skill to manage difficult conversations; and
(3) an agreement on procedural ground rules (i.e., confidentiality, timetable, agenda, good faith effort, etc.)
While divorce mediation works in many situations, it is not always appropriate. Litigation is often the best option in situations where there is domestic violence, one party refuses to cooperate in making required disclosures, or communication between the parties is impossible. If you have any questions about divorce mediation and would like to speak to an attorney, please contact Lonich Patton Ehrlich Policastri for further information. Keep in mind that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.