Some divorces are messy. Both parties may have animosity and hurt feelings that any form of cooperation may seem unachievable. However, mediating a high-conflict divorce may be an option for couples willing to work together collaboratively.
What is mediation?
Mediation is a form of alternative dispute resolution. The mediator is a neutral third party and is not a decision maker.
Instead, the mediator acts as a facilitator between you and your spouse as you negotiate an acceptable resolution to your divorce. If you choose mediation, you can still be represented by an attorney. In fact, attorneys can be helpful to have by your side during mediation, as they can help advise you on any potential resolutions and make sure all aspects of your divorce are covered in the discussion. Discussions during mediation are confidential, which often helps the parties feel more open to discussing divorce resolution alternatives. ‘
Mediation can be a viable way to reach an out-of-court settlement to your divorce. In addition, it is often less costly and quicker than formal litigation.
Mediation and high-conflict support
Mediation requires a certain amount of cooperation. Does this mean mediation is not an option in a high-conflict divorce? Not necessarily.
Litigation often only adds to the adversarial nature of a high-conflict divorce, making the relationship between you and your spouse less trustworthy. A good mediator can help both you and your spouse feel fully heard and validated, which can help each party communicate their needs. Mediation can help you focus on the big picture, especially if there is something immediately to lose in your divorce.
Every divorce is unique to the couples facing it. Divorce mediation may work for some, while others may need to continue with litigation. Ultimately, it is up to you and your spouse to decide how to resolve your divorce.