Quick, affordable, and informal, mediation provides an enticing alternative to litigation divorce. That doesn’t make it the right solution for every couple. From abusive relationships to neglectful parenting, a variety of circumstances can make mediation a nightmare. Consider opting for collaboration or litigation instead, if one of these factors applies to your situation:
Your Spouse
You’re ready to divorce, but not necessarily to fight in a courtroom with your ex. If you’re hoping for an alternative to court, you may be a viable candidate for mediation. This process involves a neutral third party, who helps you and your ex make key decisions regarding child custody, spousal maintenance, property division,
Divorce often requires a series of meetings to determine custody, support, and the division of property and assets. There are several meetings that take place before you get a final divorce decree, even if you opt for an alternative dispute resolution process like mediation. The impression that you make at these meetings can have a
Written by Roger Fisher and William L. Ury in 1981, the bestselling book Getting to Yes: Negotiating Agreement Without Giving In has become a go-to resource for working through challenging negotiations. As it turns out, the “getting to yes” methodology can also be very helpful in mediating difficult divorce agreements. Below are some key insights
Once divorce proceedings have begun, procrastinating is one of the worst things you can do. No one particularly wants the headaches of paperwork, lawyer consultation and other details, but it’s a safe bet that your ex is not procrastinating on his or her end, and you don’t want to find yourself at a disadvantage. Here
Blame it on television, movies, or messy celebrity splits — divorce has a reputation for being a contentious, litigation-based affair, with little room for compromise. Those who have not navigated the divorce process may envision couples screaming and yelling at each other in the courtroom as the judge tries in vain to keep the peace.
Your marriage is ending, and you plan to file for divorce. However, you might be able to avoid a litigated outcome by pursuing mediation. This option provides people with a more private, less expensive and less time-consuming way to separate assets, plan for future financial needs and negotiate terms for child custody and visitation. In
Minnesota orders all couples without a history of spousal abuse to use some type of alternative dispute resolution (ADR) before taking their case to court. One of the most common and generally successful forms of ADR is mediation. In this process, a neutral third party, known as the mediator, helps the couple work out their
The vast majority of marital dissolution cases settle short of trial, often through mediation. During the mediation process, a neutral third-party will meet with the litigants, and their attorneys, to attempt to find compromise on disputed issues. Topics for discussion often include:
When people mediate, they bring their conflict to a place where they try to settle their dispute. To assist with the process, an impartial third person, or “mediator” helps them reach an agreement. The mediator does not take sides or make decisions. Rather, he or she should be fair to all parties and help them