Divorce can be a long and grueling ordeal, full of miscommunication, hurt, and conflict. Even in mutual divorces, there can still be missed expectations and difficulties that arise from two people disentangling their lives. As such, coming to a divorce settlement can be one of the most challenging parts of this process. This document generally outlines the agreement of both parties on divisive matters such as spousal support, parenting time, property division, child custody, and more.
In cases where these matters are difficult to settle, divorce mediation may provide a beneficial solution. Divorce mediation provides a skilled and impartial mediator who helps divorcing couples come to an agreement and create a marriage settlement. When seeking mediation, cultivating communication skills and bringing a detailed plan may help reach a satisfying conclusion quickly.
A skilled family law attorney from King Law Offices may be able to provide insight into the skills necessary for divorce mediation, as well as case evaluations to project what a fair settlement may look like in North Carolina, South Carolina, and Tennessee. Consider calling the office to schedule a consultation at (888) 748-KING.
What is Divorce Mediation?
Divorce mediation is a form of alternative dispute resolution (ADR), which in turn is an umbrella term that covers a wide range of methods that don’t involve the court system. Essentially, mediation or ADR allows for two or more parties to resolve disputes, claims, or settlements without the involvement of a judge or jury. This may afford a greater measure of control over the outcome, as it allows the involved parties to come to their own mutually satisfactory agreement. ADR generally also involves an unbiased mediator who helps facilitate the discussion and come to a conclusion.
For divorce mediation specifically, spouses must finalize and agree upon a divorce settlement. Settlements generally cover the equitable distribution of property, child custody and parenting time schedules, alimony and child support payments, and more. Divorce mediation provides an avenue for divorcees to negotiate and come to an agreement on these matters before going to court.
Is Divorce Mediation Required?
Depending on the state and county, divorce mediation may be required for divorcing couples. States like North Carolina, South Carolina, and Tennessee may all require divorce mediation at certain points in the process. Some of these states may also provide aid for mediation and divorce through programs such as North Carolina’s Family Financial Settlement Program, which may assist with finding mediators for financial disputes during divorce. Validating the mediation requirements of your state may help clarify what steps to take in a divorce case.
What Communication Skills Are Helpful in Divorce Mediation?
While legal skills are beneficial in divorce mediation, the divorcee must also prepare to communicate effectively and navigate potential conflicts. Many people choose to have personal legal counsel present during divorce negotiations to help protect their interests and ensure fairness in the negotiation, but this does not negate the need to communicate clearly. Divorce mediation often relies on both spouses being willing to express their needs and desires clearly and come to an agreement.
For more information on the legal angle of divorce mediation, consider speaking with a skilled family lawyer from King Law Offices.
Honesty and Openness
One of the primary communication skills that could help navigate a divorce mediation is honesty. Being able to openly express needs, desires, and potential roadblocks can make way for a clear conversation that can help move toward a solution. Hiding details or failing to express intentions with clarity could lead to long discussions, conflict, and confusion.
Emotional Resilience
Divorce mediation may help reduce conflict, but having a long discussion with a spouse about divorce and the division of valuable things like property and time with children can dredge up painful emotions. If left unchecked, these emotions could erupt into conflict which could cost time and money for both parties. Cultivating emotional resilience may help separate difficult discussions from hurt feelings, allowing parties to move past these obstacles and come to a mutually beneficial agreement.
Clarity and Efficiency
Another facet of tempering and addressing emotions is clarity and efficiency. Divorce mediation is in many ways a negotiation, which means that a lack of clarity and long digressions could muddy the issue and lead away from the heart of the matter. Getting to the point quickly and clearly stating intentions could help avoid more painful conflicts and speed along the divorce mediation process.
Planning and Preparation
Lastly, coming into divorce mediation with a concrete plan may help move the process along smoothly. Due to negotiations and the push and pull of mediation, it is important to know what you want from the settlement. Understanding where compromise is acceptable and what the end goal is can help avoid unnecessary tangents and confusion. Preparation is key, as it allows the individual to respond to shifts in the negotiation with confidence.
Choosing a Divorce Mediator
When entering into divorce mediation, one would benefit from choosing an experienced and effective mediator. However, without experience, it can be difficult to understand what qualities to look for in a divorce mediator. Understanding the various facets of mediation as a whole may help clarify what qualifications are desirable in a divorce mediator.
To begin with, a divorce mediator who has a deep and nuanced understanding of family law will greatly benefit the divorce mediation process. Additionally, each state has its own various state laws that may impact a divorce case. A local family law specialist may be able to provide detailed information on the relevant statutes. Additionally, a mediator who can empathize with both parties and put them at ease may help prevent unnecessary conflict, as they may be able to diffuse emotional tension.
Another important aspect of divorce mediation is neutrality. A biased mediator could cause many issues and potentially skew the results of a marriage settlement. Having a mediator who is an unbiased third party may help with a divorce mediation case, as they will help reach an agreement that benefits both parties equally. Many individuals also choose to bring their legal counsel to ensure their interests are protected in mediation.
Contact a Skilled Divorce Mediation Attorney Today
Divorces are challenging and full of conflict, but they may not have to be. An effective mediator and wise legal counsel could help reduce these conflicts to help couples to an agreeable separation. Understanding the legal landscape involved and having the emotional intelligence to navigate interpersonal conflict are key skills in divorce mediation. For those with divorce cases in South Carolina, North Carolina, or Tennessee, a skilled family lawyer from King Law Offices may be able to help. Schedule a consultation today by calling (888) 748-KING.