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Rombro & Manley LLP

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The divorce mediation process

On Behalf of | Mar 14, 2023 | Divorce

Divorce mediation provides a more peaceful process for couples seeking to end their marriages. While negotiations are often successful, many fail to find a resolution, leaving spouses still technically married but wanting to move on with their lives.

Disputes during these types of discussions do not have to end the process. Next steps to resolve conflicts that are already in agreement is a good starting point and may include various options.

Various avenues to resolve marital conflicts

While you may want to stay with the same mediator, hiring a new one with different skills and strategies could help facilitate a better resolution. While it feels like starting over, the redo and reassessment may be more suited if financial complexities exist or children are involved.

Another type of alternative dispute resolution – ADR – may be better suited for you and your soon-to-be ex. Some spouses forego using a mediator to resolve matters independently; instead, they bring in their lawyers to find closure.

Known as collaborative law, attorneys are involved, along with other professionals that include financial planners and child specialists. Each plays an integral role in finding common ground that leads to a formal agreement. Should that not resolve disputes, the courtroom is the only remaining option. In addition, both spouses have to retain new lawyers.

The process of arbitration removes you and your spouse from the final decisions. Both present evidence in the form of documents and witnesses and tell their side of the story. Ultimately, the arbitrator will determine the formal terms.

The final step, should all else fails, is going to court. Either spouse can file. However, they will face a more complex process where rulings will be the judge’s responsibility. Also, the court’s calendar may be full, increasing the wait time. For many who choose this route, it can plant the seeds for continuing post-divorce conflicts.