Divorce has traditionally been viewed as an adversarial process. Fortunately, this perception is gradually starting to be softened, and couples tend to be more willing to consider alternatives to litigation.
Mediation is one of these alternatives. However, for mediation to be successful, there are a few things that need to fall into place. The following factors could jeopardize the entire process.
Not having the appropriate mindset
Mediation relies on a good faith mindset to be successful. Essentially, this means that both parties must be willing to listen, negotiate and even compromise. If one or both parties enters into the process without a willingness to consider the above, then mediation is likely to fail and the divorce will become much more complicated.
One party won’t budge
It’s a common misconception that one party walks away as a winner with the other feeling crushed after divorce. The truth is that there are no winners in a contentious divorce. Neither party is likely to walk away with absolutely everything they want. Compromise is crucial to progress. Without this, mediation is likely to collapse.
Personal decisions and conduct may have contributed to the end of the marriage. In reality, all of this is in the past now. Former couples need to be willing to take an almost business-like approach to mediation, without launching personal attacks. Personal attacks are a sure way for one party to become frustrated and walk away from the process altogether.
If you’re looking for an alternative to litigation, then divorce mediation is one viable option. Having legal guidance on your side will ensure that your rights are protected throughout.