Divorcing couples who want to avoid litigation may agree to mediate the matters on which they still disagree. Successful divorce mediation can speed up the overall timeline for divorce and can even reduce the total legal costs that spouses incur.
Mediation involves a series of facilitated conversations intended to promote compromise and an amicable resolution to disagreements. Spouses intending to mediate divorce matters may improve their chances of success by taking certain steps in advance to prepare.
1. Learn about the law
Understanding how the courts might rule in a litigated divorce can help people temper their expectations during mediation negotiations. Learning about Indiana’s unique “one pot” approach to property division and the standards used when assessing custody matters can help people set appropriate goals and recognize when proposed terms are unfair.
2. Set priorities in advance
People sometimes let their emotions dictate their responses during mediation sessions. They argue over details that have minimal impact on their long-term financial recovery or on their overall parental rights. Having clear priorities in advance can make it easier to focus on what matters and compromise in other areas during mediation.
3. Review disclosures carefully
Unlike litigated divorces, where formal financial discovery extends protection to spouses, successfully mediated divorces lead to uncontested filings. The agreement reached by the spouses governs the terms. They have limited recourse if they later learn that there were hidden assets or other financial discrepancies. Validating that disclosures are accurate and thorough before sitting down at the mediation table can help people protect themselves from an imbalanced outcome.
Working with an Indiana attorney familiar with divorce mediation can help people avoid common pitfalls. Spouses who prepare before mediation sessions can feel more confident as they work to settle disputes.