Should We Consider Mediation for Our Divorce?
There are a few different ways a couple can divorce. One of these is through traditional courtroom litigation, which can be stressful and expensive. Another is collaborative divorce, a process through which the couple works together to determine their divorce settlement with little or no outside influence. A third option is mediation, which is similar to collaborative divorce in that it eliminates the stresses and expense of the courtroom. But rather than reaching their settlement terms completely on their own, couples who divorce through mediation reach theirs through a series of discussions guided by a neutral third party known as a mediator.
Ask yourself the following questions to determine if you should consider mediation:
Are you Willing to Compromise and Be Flexible?
Mediation is all about give and take. Are you willing to prioritize your divorce goals and potentially give up certain goals in order to reach others? If so, mediation might be the right choice for your divorce.
Do you Trust your Spouse?
Mediation only works when both spouses are completely honest about their assets and their divorce goals. If you think your spouse might be hiding something from you, such as hiding assets in a secret bank account or concealing certain actions during the marriage, mediation is not the right course of action for your divorce.
Can you Speak Well About your Spouse as a Parent?
Couples who choose mediation need to have amicable relationships. Although he or she might not have been a good spouse for you, is he or she a good parent to your child? Can you proactively work with him or her to develop a co-parenting plan?
Are you Afraid of your Spouse?
If you are afraid of your spouse, do not seek mediation. It does not matter if you fear for your physical safety or if you simply fear that your concerns will be ignored because of his or her personality – if you have any doubts about your ability to mediate your divorce as equals, do not seek mediation.
Are you and your Spouse on the Same Page About your Finances?
One of the most important components of any divorce is the division of the couple’s assets. If you do not know the current state of your marital assets, how can you effectively advocate for yourself during your mediation? Not knowing your current asset pool does not necessarily mean that you should not seek mediation. If you are willing and able to get yourself up to speed about your marital assets and debts to speak authoritatively about them during mediation, consider doing this as part of your divorce preparation.
Work with an Experienced Winter Park Divorce Lawyer
Mediation is not right for everybody and there is nothing wrong with that. If you are not sure whether mediation is the right divorce method for you, discuss your concerns with an experienced Winter Park divorce lawyer. Contact Sperling Ducker today to set up your initial consultation with our firm.