5 Mediation Strategies for a Successful Divorce Agreement

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What is a successful divorce agreement?

A successful divorce agreement is one that both parties can consistently uphold. It respects the needs and limitations of both individuals and is created with a clear, collaborative mindset. Such agreements are typically well-considered, realistic, and sustainable, ensuring both parties can move forward positively. This requires open communication, a willingness to compromise, and an understanding of each other’s perspectives during the mediation process.

Why Choose Mediation for Your Divorce Process

Mediation as a divorce process is highly conducive to creating a successful divorce agreement because it emphasizes collaboration and communication between both parties. Unlike adversarial litigated divorces, mediation provides a more respectful environment, allowing spouses to openly discuss their needs and concerns, leading to a more peaceful divorce. This cooperative setting encourages mutual understanding and compromise. By being directly involved in crafting the agreement, each individual is more likely to commit to and uphold the terms. Furthermore, mediation typically results in less emotional strain and financial burden, making it a more practical and positive approach to concluding a marriage.

While there are many benefits to choosing mediation for your divorce, it’s also important to understand and prepare for the challenges. The decisions made in mediation can significantly impact your post-divorce life for years to come.

With that in mind, it can be easy to become overwhelmed during the session if you are not adequately prepared. Likewise, you may make agreements that are not in your best interest if you are tired and worn out.

Strategies for a Successful Divorce Mediation

These simple strategies can help you achieve a more peaceful divorce as well as a more successful divorce settlement.

#1 Reflect Ahead of Time

Taking time to reflect on what you want and what you need to get out of your divorce settlement ahead of time can save you time and money in the future. Write your thoughts down on paper and read them aloud. What are you hoping to accomplish? How will you respond? What are you willing to let go of to achieve the outcome you want? By taking the time to go through this process ahead of time, you’ll organize your thoughts, identify your priorities, and set realistic expectations. Take this paper with you to mediation so that you can be clear as to what you want. If you are represented by legal counsel, give your attorney a copy so that they know what to expect and how to proceed.

#2 Consider Strengths and Weaknesses

Make an effort to analyze strengths and weaknesses on both sides of the table before you begin negotiation. In other words, identify the strengths and weaknesses of your ex, but don’t forget to think about your own as well. Is there a certain topic that always gets you riled up? Do you have a soft spot that might make you vulnerable during negotiations? If so, put some strategies in place. How will you improve your confidence in the areas that make you feel weak? What will you do if someone across the table from you tries to use those weak points against you? Plan out your actions ahead of time so that you can get the best divorce settlement agreement possible.

One of the more common areas that many people struggle with is that of finances. If you are not confident discussing your finances, meet with a Certified Divorce Financial Analyst (CDFA) prior to your mediation session. A CDFA can provide you with the financial education and analysis you need to be confident in your financial negotiations and secure your financial future.

#3 Monitor and Control Your Emotions

Divorce is a stressful and emotional time. A mediation session is no different. It can be very easy for your emotions to be triggered during a session, so make sure that you’ve planned accordingly. How do you react in stressful situations? When you are hungry? Or when you are tired. Take all of those things into account. Make sure to get enough sleep the day before, eat a healthy meal, and contemplate the responses you will have ahead of time.

Keep your goal at the forefront of your mind. What is the outcome you are hoping for from mediation? What will your future look like if the mediation doesn’t work out the way you want it to? Know that your responses to situations that arise can prevent a successful outcome, so monitor and control your emotions. Doing so will help you reach your goal and get you what you want and what you need.

#4 Don’t Overreact to an Offer

Remember that every resolution needs to start somewhere. Do not allow yourself to become so focused on the inadequacy of a first offer that you can’t continue the conversation in a productive manner. Many times a party to mediation will react strongly to a first offer.  Reactions may include comments such as, “That’s outrageous. We’re never going to agree on anything,” or “That’s an insult. I’m out of here.”

A first offer is a starting point and should elicit a thoughtful, strategic response rather than an emotional outburst that derails the potential of a mediation session. Consider (preferably ahead of time) how you will respond to offers that don’t immediately meet your needs and wants. With a “script” in place, it will be easy to stay on track and keep the mediation moving forward.

#5 Take Your Time and Make a Thoughtful Decision

If you aren’t fully ready to commit to a decision, just don’t. If you are not confident that the offer being presented serves you well, then it’s time to go back to the drawing board, but often that requires a little space. Ask for a break or ask for the mediation to be continued another day. Then think about the outcome of committing to that decision. Give yourself time to think over the consequences and even consult with a professional who can advise you on it if necessary. You may not always get exactly the outcome you were hoping for, but it’s important not to commit prematurely to something that will affect the rest of your life.

Your Successful Divorce Mediation Requires Planning

There are many benefits to mediation – it’s more cost-effective, efficient, and less stressful than going to court. Additionally, you also have a lot more control over the outcome. That said, it’s important to take the time you need in order to prepare. By doing so, you’ll be much more likely to reach a favorable settlement. Your future is at stake, so take your time and plan ahead for success.