Should You Mediate Your Divorce?
Your divorce lawyer in Tampa Bay can help you with a wide variety of issues that arise. But they aren’t your only tool for dealing with the divorce process. Working with a mediator to transition from marriage to divorce creates a smoother process than many of your options.
How can you tell if mediation is a good option in your case?
Divorce always requires some degree of negotiation. For some couples, these negotiations happen before the legal system ever gets involved in a family.
But for others, the situation is too contentious and negotiations must be overseen by a professional. In these cases, working with a divorce mediator is one of the smartest things you can do.
How do you know when it’s appropriate to mediate your divorce?
1. Your Relationship is Filled with Conflict
Most divorcing couples have some conflict between them. But many can overcome the conflict and negotiate a divorce settlement that is in the best interest of their family. Even if their relationship is over, they might still be co-parents and/or want to retain a friendship in the future.
Even if couples can be civil in the future, things might not start that way right at the beginning of the end of their relationship.
If this is the case for you and your ex, mediation can provide a great deal of support during the difficult transition from marriage to divorce. A skilled mediator keeps your negotiations focused and moving forward. They help couples put aside emotions and remain on task.
Working with a mediator doesn’t mean you can’t have a divorce lawyer representing you. Both spouses can bring their lawyers to the mediation. This person supports your best interest, while the mediator helps everyone work toward a mutually beneficial goal.
The downside of this option is that mediation often doesn’t work when there’s a lot of conflict. Mediation requires you to be flexible in your thinking and compromise, things that are difficult in an already emotional situation like divorce – especially if one party is angry or hostile.
2. Your Spouse Refuses to Negotiate
Mediation sounds like a great option, but it only works if both parties willingly participate. You can’t force mediation.
However, a skilled mediator can smooth rough edges and create peace within even the most contentious relationships. This means that even if your ex is currently being difficult or it feels as if mediation would be a waste, it’s still a good idea to give it a shot.
Mediators have a way of bringing people together to work through tough situations. They make sure people involved in the process understand the benefits of mediating. They also explain the drawbacks of failed mediation.
Turning your divorce over to the court system means giving up a great deal of control. Instead of you and your ex making decisions about custody and the division of assets, the court steps in and handles it.
A skilled mediator can turn a frustrating situation around. They can take a contentious situation and turn it into progress. But they aren’t superheroes or magicians. Some divorcing couples aren’t cut out for mediation.
3. You Have High Stakes
There’s always a lot to lose when you’re going through a divorce. You need to have someone on your side protecting your parental rights, your financial well-being, and more. This is the role your divorce attorney plays.
But a mediator is also a valuable resource in high-stakes situations.
Mediators are neutral. They look at the big picture and consider what both sides want. They also take into account what’s best for other members of the family affected by the divorce.
If you’re reluctant to try mediation because you are scared it puts you at a disadvantage, don’t be. You have nothing to lose and everything to gain. If mediation doesn’t work, your attorney goes back to the drawing board – armed with more information than they had before the mediation – and builds your strongest possible case.
Mediate Your Divorce – Learn More
If you’d like to learn more about mediating your divorce or you need to speak to an attorney about your situation, we can help. Contact Geller Family Law at (813) 405-1509 to schedule a consultation.