Many people wrongly assume that the only way to resolve a high-conflict case is to go to court. Although there may be certain cases that absolutely cannot be settled without court intervention, mediation often presents much better avenues for resolving high-conflict divorce issues than litigation.
Mediation is a less costly, less time-consuming, and less emotionally draining approach to divorce or separation. Where a litigated divorce often tears the family apart, mediation helps to preserve the family and avoids making the children the victims in a separation or divorce.
WHAT MAKES DIVORCE MEDIATION SUCCESSFUL?
Successful divorce mediation requires that each spouse come into the process with (1) a willingness to listen to one another, (2) a willingness to participate in discussion about how their marital assets and liabilities should be apportioned, and (3) a willingness to have an open mind as to what a fair devision of their marital estate might ultimately turn out to be.
Divorce mediation is typically more successful than divorce litigation in which spouses hire separate attorneys and proceed in an adversarial manner by fighting in Court about who gets what and who pays what. Divorce mediation clients talk civilly through a process of negotiation and figure out how they can reach a settlement of their marital affairs that is fair and equitable for each side.
Another factor in the success of divorce mediation is that control over the divorce process is placed directly in the hands of divorcing spouses rather than in the hands of adversarial attorneys and judges who know little about the parties' circumstances. By controlling the resolution of each issue, spouses are literally able to design their own divorce decree, making them far more likely to adhere to it once their divorce becomes final.