Divorce mediation is the opportunity to explore a non-trial resolution to divorce. Whether or not you ultimately reach a settlement, you want to make the most of the mediation proceeding.
Our Five Divorce Mediation Tips and Tricks
From our experienced divorce lawyers, here are five tips that can help you use your mediation session in the most productive way.
1. You don’t have to agree to a settlement
Start by remembering that you don’t have to reach a settlement at mediation. While you may hope to reach an agreement, you don’t have to agree to anything you don’t want to agree. Mediation is an opportunity to discuss settlement in a constructive way, but you don’t have to accept an agreement that you don’t like.
2. It needs to be in writing
At your mediation, you will probably float many ideas. You may even talk about what agreement on a particular topic will look like practically. However, what matters the most is the written language that is in your agreement.
The court is going to enforce only the written judgment of divorce. Carefully prepare the written agreement that you sign. Make sure you understand what the language means. Take the time to clarify anything that could be open to interpretation.
3. Know your legal rights and the strength of your case
Whether you get a good settlement in mediation depends on the outcome you’d be likely to receive if you went to trial. Your lawyer can help you understand the possible and likely outcomes if you have a judge decide your case. From there, you can decide if an agreement proposed at mediation is in your best interests.
4. Decide your absolutes and where you can compromise
Successful divorce mediation is about compromise. To make the session effective, it helps to spend some time thinking about it before you arrive. What things are non-negotiable in your divorce judgment? Are there areas where you can budge? Thinking through what is most important to you and where you can compromise can help you get the things that matter the most.
5. Feel free to be flexible
One of the positive sides of mediation is that you can be as detailed and flexible in your arrangement as you want to be. You can include more specific instructions and details for things like child custody and parenting time than you would likely receive if you were to take the case to court. Think of things that may benefit you knowing that you have an amount of latitude when you make an agreement through mediation.
A spouse rarely leaves a divorce mediation feeling like they “won.” A successful mediation is a compromise agreement that is in your best interests based on the law.
Contact Our Divorce Attorneys in Greenville, SC
You can (and should!) have a lawyer represent you at your mediation session. Our divorce lawyers can pursue your interests, guide you through evaluating settlement offers and focus on making the most of your mediation session.
Whatever the stage of your divorce, our lawyers can represent you. Contact us today to talk about your case.