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Divorce mediation: Does it really work?

When the divorce papers have been filed, your natural inclination may be to brace for a war with your soon-to-be ex. However, the dissolution of your marriage does not have to be that way. Thanks to divorce mediation, you can work toward a settlement with your future ex without having to experience traditional litigation in Rhode Island.

What exactly is mediation?

Mediation is a type of alternative dispute resolution that is hands on and task oriented. It is essentially the process of negotiation that a third party facilitates. This neutral third party does not make decisions for the couple but rather helps them to communicate more effectively so that they can arrive at a settlement that is mutually satisfactory.

How do I know if mediation is right for me?

This alternative to going to trial can help if you and your spouse simply cannot resolve a particular divorce-related dispute or are unwilling to do so. Your mediator can improve your chances of resolving the dispute by overseeing the exchanging of information between you and your spouse, as well as the bargaining process. With the third party's help, you can work toward finding some common ground and tackling expectations that are unrealistic.

The third party might even offer some innovative solutions and help you to put together a comprehensive final settlement. You can rely on your mediator to interpret any concerns you may have, relay important information to the other side and define issues as needed. The main focus in your sessions is not who was at fault but rather how to resolve the problems at hand.

Why mediation?

Divorce mediation enables you to maintain a sense of control in your divorce proceeding, whereas going to trial places the power in the hands of the court. In addition, because the process is generally short-term, it is much less stressful and costly than lengthy litigation. It is also usually simpler from a procedural standpoint than going to trial — another reason it can be less stressful for the couple involved.

Mediation is also helpful for parents of minor children, as they can learn how to work out their differences — a skill that will prove helpful as they continue to co-parent in the coming years. A knowledgeable Rhode Island attorney can help you decide if this process is best for you considering the circumstances surrounding your divorce.

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