Useful mediation styles for divorce proceedings

On Behalf of | Mar 10, 2020 | Divorce, Family Law Mediation |

Divorce can feel like an uphill battle. When spouses try to settle matters in court, it can leave them feeling exhausted and resentful. That’s because separation litigation can pit couples against one another by dragging out the process. When this happens, it can make it challenging to reach a settlement and do damage to both spouse’s finances.

Due to these circumstances, countless couples wanting to file for divorce are starting to explore other options. One of those options is mediation. Mediation often takes less time and effort for both spouses. In fact, many courts across the country are starting to suggest that couples try mediation before resorting to divorce litigation.

Luckily, mediation is not a one size fits all approach. Professionals who practice it understand there are multiple ways conflicting partners can settle disputes.

What styles should couples use?

Knowing what mediation style works best all depends on a couple’s circumstances. If both are cooperative and goal-oriented, the more traditional forms of mediation may be a good fit. However, many divorces can be contentious. If that’s the case, there are other styles of alternate dispute resolution that can effectively address and identify a couple’s issues.

Mediation methods used in divorce disputes

These are some that could be useful for splitting couples:

  • Facilitative mediation: This style of dispute resolution lets couples guide the conversation while the mediator acts more like a mutual referee. In many cases, mediators ask the conflicting spouses to develop empathy for one another’s circumstances and attempt to have them formulate a resolution.
  • Evaluative mediation: The evaluative method allows mediators to give advice and feedback to both parties. Evaluative mediation also focuses more on the legal merits of the couple’s arguments rather than what each side thinks is fair. In many cases, courts mandate evaluative mediation and the mediators typically have a solid legal background.
  • Transformative mediation: This method emphasizes that couples should resolve their conflicts using a more constructive approach. One benefit of transformative mediation is it can teach spouses to address specific conflicts civilly and respectfully in the future.
  • E-mediation: Sometimes, the tensions between spouses are so high that they can’t even stand to be in the same room together. If that’s the case, couples may resort to using E-mediation to ease hostility while still working together to reach an end goal. Often, these meetings can be facilitated by a third party through channels like FaceTime, Skype or Google Hangout. E-mediation can also be useful for ex-spouses who live in different parts of the country or the world.

Mediation can ease the burdens of marital separation

Most couples don’t want to exacerbate the emotional and financial turmoil that can come with divorce. When spouses utilize mediation, they can leave the negotiating table more satisfied with their results. That way, they can focus their priorities on rebuilding their lives.