Your divorce may wind up being more contentious than you think. After all, emotions will likely run on high as you navigate complex legal issues such as property division, spousal support, and child custody. Each spouse has their own goals, and they’ll oftentimes attack each other to try to secure what they want. This can make the process all the more complicated and increase the risk of full-blown litigation where a judge who knows very little about you will make life-altering decisions about your future.
Fortunately, even in this situation you may be able to gain control of your divorce while decreasing conflict and protecting your interests. One of the best ways to do this is to engage in divorce mediation. Even if you feel like you can’t talk to your spouse right now, this alternative dispute resolution methodology may be right for you.
How divorce mediation could benefit you in a high-conflict divorce
Through the divorce mediation process, you sit down with your spouse and a neutral third-party mediator to try to find resolution to your divorce legal issues. The mediator is tasked with framing the issues and facilitating conversation aimed at finding mutually acceptable outcomes. You may be doubtful that the process can work for you, but here are some of the advantages of this process for high-conflict couples:
- De-escalation: When negotiating divorce legal issues, hurtful statements can be made that fuel an already tense situation. But in a divorce mediation, the mediator will be skilled at assisting with emotional management by re-directing conversations from past events to current issues and your future. This can deflate the conflict and lead to meaningful and fruitful conversations.
- Structured communication: A lot of conflict arises in divorce because spouses no longer know how to effectively communicate with each other. A mediator can set ground rules that ensure that each party is heard and understood. That way one party doesn’t dominate the conversation, and each spouse has the opportunity to advocate for what they want.
- Control: Mediation gives you control over the outcome of your marriage dissolution. This can decrease the stress you experience, which can also minimize the amount of conflict you experience throughout the process.
- Privacy: What’s discussed in a divorce mediation remains private. This differs from litigating the matter in court where all your dirty laundry becomes public. This means that through the mediation process, your spouse can’t really use prior events as leverage against you, which can significantly reduce the risk of conflict.
Divorce mediation can be an effective way to secure the resolution that you want. But you can’t walk into the process blindly. You still have to be armed with compelling evidence and strong legal arguments that seek to protect your interests while still enticing your spouse to accept your proposals. This requires forethought on your part, so be sure to put in the work necessary well in advance of your mediation if you want to stand a chance of securing the outcome you want.
Do you want to learn more about what divorce mediation can do for you?
If you do, then now is the time to discuss the process with your divorce attorney. Hopefully then you’ll be able to make a fully informed decision that’s right for you and your goals. This could set the stage for a successful next chapter of life despite however bleak the situation may seem now.