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Knowing when divorce mediation may be a good alternative

Mediation may be a less costly method of divorce that may streamline the process so that the divorce can be more quickly finalized and the divorcing couple can move forward towards their future. Divorce mediation and other forms of divorce alternative dispute resolution, such as collaborative divorce, may work better in some situations and circumstances than others.

Couples who do not have any history of domestic abuse in their relationship may be better suited for divorce mediation because it is important that the divorcing couple is able to negotiate on an equal footing that reflects as much shared respect as possible during the divorce mediation process. In addition, divorce mediation may be better suited for couples that are able to confidently represent their interests which can lead to more efficient negotiations.

Though the divorce process is commonly challenging and understandably emotional, divorce mediation works best when the divorcing spouses share respect for each other's concerns, are able to prioritize their concerns and negotiate a fair settlement. Mediation can also be more successful when utilized in circumstances when the spouses deal with each other fairly, disclose assets and do not attempt to hide assets. Mediation can be most successful when couples are able to cooperate and communicate, even during the challenging circumstances surrounding divorce.

A variety of important issues and concerns must be resolved during the divorce process including property division, spousal support, child support and child custody. Divorce alternative dispute resolution, such as mediation, provides a potentially quicker method of doing that which can be less emotionally and financially costly.

Source: Mediate.com, "5 Ways to Decide if Mediation Is a Cost-Effective Solution for Your Divorce," Shawn Leamon, August 2016

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John T. Chamberlin, Attorney at Law
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