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3 instances when divorcing couples should consider mediation

On Behalf of | Jan 10, 2024 | Mediation & Collaborative Law |

While legal battles might seem like the default option in divorce, there are instances where considering mediation can be a game-changer. Unlike traditional litigation, mediation is a collaborative approach where a neutral third party oversees communication and negotiation.

Divorce mediation often results in quicker resolutions, lower costs and a more amicable post-divorce relationship. If you’re divorcing exploring key scenarios where divorcing mediation may be ideal can help you make an informed decision about your options.

High conflict situations

In cases of heightened conflict, traditional courtroom battles can exacerbate tensions. By contrast, mediation can provide a neutral environment, allowing both parties to express their concerns without the combative nature of a courtroom setting. Mediation encourages a problem-solving approach. Instead of dwelling on past grievances, the focus shifts to finding practical solutions for both parties. This can be particularly beneficial when dealing with a high-conflict divorce where emotions are running high.

Complex asset division

Divorce often involves the intricate division of assets, from properties to financial holdings. Mediation can allow for a meticulous examination of each asset, helping to ensure a fair and equitable distribution. This level of detail is often challenging to achieve in a courtroom setting, making mediation a potentially preferable option for high-asset divorce. Moreover, mediation can enable couples to craft agreements tailored to their unique circumstances. By actively participating in the decision-making process, divorcing couples are more likely to adhere to the agreements. This can potentially reduce the chances of future disputes.

Child custody matters

Child custody battles can be emotionally taxing for all parties involved. Divorce mediation places a strong emphasis on the well-being of the children, encouraging parents to collaboratively determine custody arrangements that serve the best interests of their children. Unlike court decisions that can create winners and losers, mediation seeks to maintain a sense of balance.

The decision to pursue mediation during divorce should not be overlooked, especially in scenarios where high conflict, complex asset division and child custody matters come into play. By embracing mediation, couples can potentially transform a challenging process into an opportunity for collaborative decision-making.