Divorce mediation clients sometimes come to me believing they already have complete agreement on the issues that need to be resolved for them to move forward with divorce.
More often, however, the mediation process helps them to make mutually acceptable decisions they were unable to agree on themselves. By exploring these issues fully we can come to the best agreement for both parties. Some clients don’t consider mediation at first, believing they must be substantially in agreement on all the issues for mediation to work. A new client recently called me to say that she and her husband had decided not to come to mediation, since they hadn’t worked through all the issues that they wanted to resolve for their uncontested divorce. That left me to wonder about this misconception: how many couples think they can’t come to mediation until they already agree on how they are going to live apart? Mediation is the opportunity to use my training and experience to help you work through the many important issues and decisions that you face. Of course, it is always good when we begin mediation with some common understandings, but it is certainly NOT a requirement to have reached agreement on every issue. As I explained to this new client, mediation is the opportunity to use my training and experience to help you work through the many important issues and decisions that you face. Of course, it is always good when we begin mediation with some common understandings, but it is certainly NOT a requirement to have reached agreement on every issue. Separation and divorce carry uncertainty and fear that can often interfere with our ability to “be on the same page.” Whether you feel you have discussed every option or you are not sure where to begin, an experienced mediator can help you both gain the focus to think clearly and speak freely in a safe environment. As mediator I am not the judge, but, rather, I am your trusted host in the conversation, turning your contested issues into a mutually agreed-upon understanding that will lead to an uncontested divorce.
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It's interesting to know that mediation is needed first before anything else to have an agreement. In that case, I should suggest this to my sister before even hiring an uncontested divorce attorney. She and her husband have tried to make it work for the past three years now, but it seems that it would be best to just go separate ways. Good thing that they don't have a child, yet.
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