How to Win During Divorce Mediation
In contested divorce cases in Florida, mediation is a mandatory requirement. During mediation, you and your spouse will meet with a mediator, who is a neutral third party. Mediators do not make decisions in divorce cases. They simply try to foster compromise and communication between you and your spouse so the two of you can reach an agreement. If you can reach an agreement with your spouse, your divorce can be finalized without the need to enter litigation.
Many spouses going through a divorce focus on winning their case, sometimes at all costs. This holds true during mediation, as well. So, how can you ensure you achieve the best result during mediation?
Do Not Focus on Winning
First and foremost, it is important to know that no one actually “wins” during mediation. Mediation is a process that is simply about two people coming to the table and focusing on the terms of their divorce so they can reach an agreement. The process does involve some compromise and reaching an agreement that is in the best interests of both parties. As such, you should forget about actually winning and instead, focus on reaching an agreement.
If you and your spouse have to go through mediation, it is because you do not agree to certain terms of the divorce. Although mediation agreements usually work for both parties, that does not mean you should not set certain goals for yourself. For example, you may feel as though you will have a strong need for alimony after the divorce process. With this goal in mind, you may be more likely to give up certain other terms, such as losing some assets during the division of property. Having a goal will allow you to see what you are willing to give up, and what you are not, which is very helpful during the mediation process.
Know Your Assets and Liabilities
Mediation will deal with equitable distribution issues and before assets and liabilities are divided, you have to know what they are. Before mediation, prepare a list of the assets and liabilities you and your spouse own, and who should keep them after the divorce. Knowing what assets and liabilities you both own will help mediation proceed more quickly, and give you a better chance of success.
Know when to Walk Away
Mediation is often very successful and helpful for divorcing couples. Unfortunately, it does not always work. You should never give in to certain terms just to get the process over with or to avoid litigation. Sometimes, mediation simply does not work and will not result in fair terms. When this is the case, it is important to stand up for your rights and take the matter to trial.
Our Family Lawyers in Orlando Can Help During Mediation
Even when going through mediation, it is still important to work with an Orlando family lawyer. At O’Mara Law Group, our skilled attorneys will ensure your rights are upheld during the mediation process and help you achieve the best possible outcome. Call us today at 407-634-6604 or contact us online to schedule a consultation and to learn more about how we can help.