Realizing that the end of your marriage is on the horizon can bring up several emotions and questions. As you explore your divorce options in the Minneapolis area, take some time to consider how the mediation process may offer you a more collaborative and less confrontational approach to achieving your goals. Ultimately, mediation encourages you and your spouse to take ownership of the divorce process and work towards a mutually equitable resolution. Here are just a few benefits of pursuing a divorce mediation in Minnesota.
Minimizing Conflict
Even if you and your spouse are on relatively friendly terms, conflict is often an inevitable aspect of the divorce process. You’re both human, and both going through a mix of hurt feelings and sadness about the end of the marriage, combined with fear and uncertainty about what comes next. Disagreements about dividing marital property or how you will co-parent in separate households naturally amp up your stress and anxiety. The adversarial nature of court – where each party is trying to convince the judge that they’re right and the other party is wrong – will often heighten that stress and anxiety, and so ratchet up the conflict.
Mediation isn’t some magical process that makes all that conflict just *poof* disappear. But it does offer the opportunity to work through the fear and anger and uncertainty underlying the conflict by talking to each other, instead of talking about each other to a judge. It isn’t always easy or smooth-sailing. These are big issues you’re dealing with, and they aren’t easy to talk about sometimes. But a mediator can help guide the discussion so it focuses on the things that matter to the parties. The mediator can ask questions that might help you see the issues a little differently, and maybe see a different solution. And the mediator can suggest good times to take a break.
A Shorter Path
Mediation often allows the divorce to wrap up faster than litigation. In litigation there are formal processes that often need to play out – such as discovery, when the parties (usually through their lawyers) ask for and exchange documents and information. You’ll also need to work with the court’s schedule, meaning that you’ll probably have to wait several weeks or months before appearing in court.
In contrast, mediation only involves meeting with the mediator, so you’ll have fewer obstacles preventing you from moving forward. You can more quickly decide what information the two of you need to make decisions about any agreements. If you get into mediation and find out there’s a piece of information you need, you can go get it or you can easily schedule another mediation session. And once you reach agreement, you can work with your lawyers to put it in writing and get it submitted to the court. In many cases, the judge will sign off on the agreement without even requiring you to come to court.
Empowering You to Build Your Future
The mediation process invites the parties to take an active role in shaping their future. Unlike a judge who issues a final ruling, the mediator serves as a facilitator to encourage the parties to negotiate the terms of their divorce. Should a conflict or obstacle arise, the mediator will help the parties work through the issue and move the conversation forward. As a result, those who participate in mediation often report feeling empowered by the process, and they tend to find it easier to stick with the agreement they crafted than they would an order that was imposed.
If you’re interested in learning more about the mediation process in Minneapolis or St. Paul, call Rubric Legal LLC today at (612) 465-0074.