While often considered the kinder approach to divorce compared to traditional litigation, the benefits of mediation go far beyond those simply looking for a "nicer" approach. The best kept secret of mediation is that it is actually the couples with more conflict who can see the greatest benefit from mediation.
Those who are experiencing higher degrees of conflict will see the highest litigation-related expenses. The litigation process itself often heightens conflict. You do not have to be on the same page with respect to your settlement in order to try mediation. In fact, mediation is designed specifically to help you get on the same page. You do, however, have to share a commitment to the process.
Here is a checklist to help you determine if mediation would be an appropriate process for settling the terms of your divorce. You and your spouse do not have to agree to everything on the list but if there are several items on the list that do not reflect your situation, mediation may not be the best solution for you.
☑ Parties agree to be civil in their communication.
☑ There is no history of domestic violence.
☑ Parties share a commitment to settle the terms of the divorce.
☑ Parties willingly provide full disclosure regarding assets, liabilities, and income.
☑ Neither party has denied the other access to the child(ren).
☑ Parties have a history of successfully working together to solve problems in the past.
☑ Both parties see some benefit to settling (e.g. quicker, lower legal fees, or unpredictable outcome if going to court).
If you are ready to get started with mediation, schedule an orientation session. At that time, we will:
Collect basic information about your case
Walk you through the mediation process
Review the Agreement to Mediate
Connect you with any additional resources you may need