When a marriage comes to an end, it is not unusual for the divorcing spouses to have some regrets. Not wanting to add to the heartache between them, many spouses decide to divorce using a more peaceful method of dispute resolution such as mediation. Mediation is often less contentious and more amicable than litigation, and couples sometimes find their negotiations pave the way for cooperation in the future. This is especially helpful for parents.
If you and your spouse have opted to try mediation, you may have high hopes that things will go smoothly and that you will meet your goals. However, you may also worry that the process will be a disappointment. Perhaps you even wonder whether mediation will work for you. Will you end up going to court after all?
What are signs mediation is not working?
In a mediated divorce, the couples and their respective attorneys meet with a trained mediator to work out a resolution to the common issues, including asset division, child custody and support payments. The mediator does not make any decisions, but he or she guides you and your former partner in reaching your own workable settlement. You may not win every dispute, and you may find yourself giving in on many issues. This does not necessarily mean the process is failing. However, any of the following may be bad signs:
- You and your partner have not resolved any of the issues you came to discuss.
- Your ex turns everything into a personal attack against you.
- You and your spouse cannot discuss any issues without erupting in an argument.
- The discussion repeatedly goes off track into topics that are not relevant to your divorce settlement.
- You keep returning to the same problems without making any progress.
It is possible that you and your spouse may need several meetings to address every issue. You may also need to take a break if you feel the negotiations are at a stalemate. When you are working with an experienced divorce mediator, you can expect the mediator will have the skills to keep the discussions moving forward and to bring a stop to any negativity or distractive behavior.
Whether you are looking for an attorney to represent you throughout your divorce or a neutral mediator to facilitate your divorce negotiations, you will want someone with experience, skill and solid knowledge of Alabama laws to ensure the most positive outcome possible.