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Common mistakes in divorce mediation

On Behalf of | Oct 16, 2023 | Divorce |

When couples decide to divorce, they often turn to mediation. It can be a productive and relatively nonadversarial way to reach an agreement.

However, there are common mistakes that individuals may make during mediation, which can have significant consequences for both parties involved.

Poor preparation

One of the most critical errors is arriving unprepared. Failing to gather and organize important financial and legal documents can slow down the process and hinder progress. Without adequate preparation, individuals may find themselves unable to present their case effectively. It can result in an unequal distribution of assets.

Bad communication

Effective communication is the cornerstone of successful mediation. Yet, some individuals make the mistake of not expressing their needs, concerns or desires clearly. This lack of communication can lead to misunderstandings, making it difficult to find common ground and reach an agreement.

Not compromising

Stubbornness can be detrimental during divorce mediation. Some people are hesitant to make concessions, and they hold on tightly to their demands. Inflexibility often results in a deadlock, making it challenging to find mutually beneficial solutions.

Uncontrolled emotions

Divorce is an emotionally charged event, and it is easy for emotions to cloud judgment during mediation. For example, about 34% of couples cite infidelity as a major driver behind their divorce, and that is an issue often involving many emotions. Individuals who let anger, resentment, guilt or sadness drive their decision-making often make poor choices. Emotionally charged decisions may not align with their long-term interests or financial well-being.

Forget the children’s needs

When a divorce involves children, their needs should be a top priority. However, some parents make the mistake of neglecting their children’s well-being during mediation. Failing to create a suitable parenting plan or disregarding their emotional needs can have lasting consequences on the children’s lives.

Not having patience

Divorce mediation takes time. Rushing through negotiations in a haste to conclude the divorce can lead to impulsive decisions. Such decisions may not be in the best interest of either party and can result in unfavorable long-term outcomes.

Avoiding these common mistakes during divorce mediation is important for the parties to reach a fair and mutually beneficial agreement.


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