Collaborative Problem-Solving During Mediation

What Is Mediation & Why Do Divorcing Couples Utilize It?

Going through a divorce can be difficult and emotional, but it doesn't have to be a long and bitter legal battle. Mediation is a conflict resolution process that can help divorcing couples reach agreements on issues such as child custody, visitation, property division, and more without the need for costly and time-consuming litigation. Couples work with a neutral third-party mediator during mediation to find a mutually acceptable solution to their issues.

Mediation can be used to help manage several divorce issues, including:

• Property division
• Debt division
• Alimony
• Custody & Visitation
• Parenting plans

Mediation is a voluntary and confidential process that empowers divorcing couples to make their own decisions. Instead of allowing a judge to decide the outcome of their case, couples can collaborate with a mediator to create a customized agreement that works best for everyone involved. During mediation, the focus is on finding positive and creative solutions that meet the needs and interests of both parties. Mediation is grounded in the principles of collaboration, communication, and compromise.

Keep reading to learn more about how mediation can encourage and facilitate collaborative problem-solving during a divorce or dealing with a difficult family law issue.

Understanding How Negotiating Works During Mediation

Negotiation is a fundamental part of mediation, and experienced mediators will use their skills to create an environment where the involved parties can negotiate effectively. During mediation, both parties can express their concerns and interests, and the mediator facilitates a discussion to help the parties compromise on their issues and resolve their disputes.

Through the collaborative problem-solving process, parties brainstorm different solutions and select the ones that suit their interests. Mediation encourages flexible thinking and allows parties to consider different perspectives. Mediators help parties to identify underlying interests and needs, identify options, and develop creative solutions that enable both parties to move forward.

Reaching Compromises Through Mediation

Setting expectations beforehand can help promote positive outcomes. Couples should understand that mediation is a collaborative process that requires mutual respect, active participation, and an open mind. They should also understand that mediation is guided by impartial and objective mediators who seek to help them find a solution that works best for their unique situation. Mediation is an opportunity for both parties to express their needs and concerns, listen to the other's point of view, and work together to reach a mutually beneficial agreement.

Tips for a successful mediation session:

• Take the time to prepare for mediation with your attorney
• Identify the issues that matter most to you before your mediation session
• Consider what you’re willing to compromise on and to what extent
• Work to keep an open mind throughout the process

Setting Expectations Beforehand to Promote Positive Outcomes

Setting expectations beforehand can help promote positive outcomes. Couples should understand that mediation is a collaborative process that requires mutual respect, active participation, and an open mind. They should also understand that mediation is guided by impartial and objective mediators who seek to help them find a solution that works best for their unique situation. Mediation is an opportunity for both parties to express their needs and concerns, listen to the other's point of view, and work together to reach a mutually beneficial agreement.

While mediation can be a great option for many people, it will not be appropriate for all couples and all situations. For example, if you are dealing with a high-conflict situation, mediation may present challenges as it relies heavily on both parties’ ability to communicate and compromise. In situations where this is more difficult, mediation may only drag the process out. Instead, you may want to consider alternative options, such as arbitration or even litigation in court.