Things You Should Know Before Mediation—Getting What You Want from Divorce

Mediation offers individuals the chance to save time, money, and stress on their divorce by dissolving their marriage primarily outside of the courtroom. For many, it's a fantastic opportunity to reach a mutually beneficial arrangement with their soon-to-be-ex.

Understanding the ins and outs of mediation, as well as how you can effectively negotiate with your spouse during it, can help you achieve an optimal result in your mediation case.

At Smith Law Offices, LLC, we'll help you navigate your mediation with confidence.

Contact us online or via phone at (636) 400-1177 to learn more.

What Is Mediation?

During mediation, two parties who wish to dissolve their marriage or come to an agreement for another legal dispute meet with a mediator. The mediator asks each party what they want, and then attempts to foster a mutually beneficial compromise between the individuals.

Mediators cannot provide legal advice. Instead, they serve as a liaison. Individuals who engage in mediation must seek representation from a mediation attorney they hire to receive legal counsel.

During divorce mediation, the mediator tries to help the parties agree on terms for various divorce-related processes, such as property division, child custody and support, and alimony.

If the mediation is successful, the parties will draft and sign an agreement together detailing the terms for their divorce. A judge will then approve and sign the agreement, finalizing the divorce. If the mediation fails, the parties may have to continue their divorce in the courtroom.

Mediation typically costs much less than pursuing a divorce in court, and most people find it more amicable since the process relies on the parties compromising in good-faith. Additionally, negotiating terms for your divorce out of the courtroom can help you get what you want from your divorce.

Tips for Negotiating During Mediation

To get what you want from your divorce, try to employ the following tips as you negotiate terms with your soon-to-be-ex:

  • Aim for the best possible outcome. You should always be negotiating down from your ideal outcome. Never start from a place of compromise because you'll probably have to negotiate down anyways.
  • Give them what they want. Phrase negotiations in your spouse's language. Offer them something they want in exchange for something you'd like—it will disarm them and increase your chances of success.
  • Sacrifice what you don't need. Avoiding the temptation to ask for things you want but don't really need can compromise your chances of getting what you do need from the negotiations.

At Smith Law Offices, LLC, we can help you protect your rights and pursue your best interests in your mediation.

To schedule a consultation with our team, contact us online or via phone at (636) 400-1177.