For many couples, divorce mediation is an attractive alternative to divorce litigation. With mediation, divorce does not have to be a contentious process. In fact, mediation is specifically designed to be a non-contentious, goal-oriented way to end a marriage.
If you are considering filing for divorce, take some time to consider whether mediation is a good choice for you and your spouse. Talk to your spouse about the following issues to determine whether you are a fit for mediation.
Can You Work Together Amicably?
This is the main factor that determines whether you are a fit for mediation. Mediation only works when the couple can work cooperatively because ultimately, they reach their own divorce settlement with guidance from their mediator. You should be able to speak cordially and respectfully to your spouse and keep your emotions about the divorce separate from the mediation process.
Do You Trust Each Other?
Being able to trust your spouse is an important part of being able to work amicably with him or her. Do you trust your spouse to be honest about his or her divorce goals or are you married to the kind of person who would lie and push off responsibility? Do you trust your spouse to not try to retaliate against you in some way because of the divorce’s outcome? If you have any reason to suspect your spouse would try to hide marital assets from you in order to keep them from being divided in your divorce, mediation is not the right choice for you.
Do You Want to Maintain a Positive Relationship in the Future?
If you do not care about maintaining a relationship with your former spouse, mediation might not be something you care about. But couples who choose mediation routinely report better relationships with their former spouses after their divorces are finalized, so if this is something that matters to you because you have minor children to co-parent or you simply want to keep a positive relationship, seriously consider mediation.
Are You Considering Mediation for the Right Reasons?
There are a lot of great reasons to choose mediation for your divorce. Even great reasons can be used negatively, though.
Many couples choose mediation as a way to save money on the divorce process. There is nothing wrong with this; divorce can be expensive. If you are only considering mediation because you are concerned you cannot afford to divorce another way, talk to your lawyer about your options. You might be able to have the court require your spouse to cover the costs of the divorce, and if the income disparity in your relationship translates to a power imbalance, mediation is not for you.
Work with an Experienced Clinton Township Divorce Lawyer
Learn more about divorce mediation by talking to an experienced divorce lawyer about it. To get the conversation started, contact our team at Iafrate & Salassa, P.C. today to set up your free legal consultation in our office.