You are both reasonable people who feel that you can work out the terms of your divorce outside of the courtroom and save time and money. After all, everyone knows that divorce court hearings are for arguing and battles, while divorce mediation is for negotiation and compromise.
That said, one of the most common mistakes people make is not recognizing the difference between the two.
Don’t Make a Mistake You’ll Regret
Here are eight mistakes to avoid in divorce mediation:
Not Playing Nice
Remember that your lives together will likely last decades beyond this mediation. This is especially true if you have children. Do not jeopardize life-long co-parenting relationships over a few fleeting divorce terms.
Not Embracing Compromise
Divorce mediation relies on both parties being open to negotiation and finding a middle ground. When one or both parties refuse to compromise, it can hinder the mediation process, making it difficult to resolve conflicts and reach a fair settlement. Embracing compromise is essential for mediation to work effectively.
Engaging in Fraud or Concealment
Some spouses might believe mediation’s informal nature allows them to make misleading statements or conceal assets. However, when a party behaves this way, the case often moves to court, where a judge can impose significant penalties.
Not Prioritizing What’s Best for the Children
When creating a co-parenting plan, prioritize what is best for the children. Ignoring your children’s best interests can be detrimental, as they are often caught in the middle of their parent’s divorce and used as pawns in emotional and financial conflicts. It’s crucial to prioritize their unique needs, wants, and best interests in every decision to ensure a healthier family dynamic long after the divorce.
Posting on Social Media
Be careful with what you share publicly. There is no guarantee that your case will avoid litigation. Any posts concerning your ex’s character on social media can diminish the cooperative spirit of mediation. Moreover, if you have children, it is especially crucial to avoid attacking your ex or venting about the situation on public forums.
Failing to Account for Your After-Divorce Expenses
To negotiate support effectively, create an accurate budget for your post-divorce expenses. Lacking solid information can lead to agreeing to pay too much or accepting too little. You need precise expense details with verification before negotiations begin.
Possessing Unrealistic Expectations
Entering mediation with unrealistic expectations can be a problem. While mediation is less hostile than courtroom litigation, it still requires compromise between two people with opposing goals. Expect to make concessions and be prepared to feel somewhat dissatisfied with the outcome. It is crucial to avoid being taken advantage of, but just as important is the ability to understand that perfect satisfaction is unlikely.
Failing to Consult with a Competent Mediation Attorney
If you are still determining whether mediation is the right choice for you, consult an experienced divorce mediation attorney. For those who can benefit from mediation, having a skilled attorney by your side is advantageous. They will vigorously defend your interests and strive for the best possible outcome.
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