Rather than go to court to dissolve your marriage, you and your current partner want to mediate your divorce. You never tried an alternative dispute resolution before, so how do you make it work?
San Diego County Bar Association breaks down common mediation pitfalls. Learn how to divorce with dignity and with as little animosity as possible.
Failure to plan
What mediation outcome do you visualize? Whatever the result, have a plan that supports your desires. Work with the mediator and your soon-to-be-former spouse on a strategy that supports the post-divorce life you desire.
Not having reasonable expectations
No matter if you divorce the traditional way or work with a mediator, you must have reasonable expectations. Compromise represents the spirit of mediation. That means you should not expect to get everything you want the exact way you want it. Focus on what you need for the next chapter of your life.
Distrusting the mediator
Remember, a mediator is an impartial third party. These professionals do not take sides. Trust that the mediator has your most favorable interests in mind and be open about everything you want. If you do not trust the mediator, you cannot expect a favorable result.
Failing to consider alternative resolutions
Remember that mediation is an alternative dispute resolution, with an emphasis on “alternative.” Open yourself not only to creating alternative resolutions but hearing them from your current spouse, too. There are several ways to experience a satisfactory divorce.
Just because mediation does not have winners does not mean you cannot feel like one. By understanding the pitfalls of mediation, you understand how to navigate the legal process.
