Ways to fail at mediation

On Behalf of | Aug 6, 2019 | Family Law |

If you and your spouse are looking for ways to avoid a litigated Tennessee divorce, you may be considering mediation. This form of alternative dispute resolution often results in successful negotiations and a settlement that a judge will sign. At Ken Lawson Law, we frequently see positive outcomes from mediation.

According to the Tennessee Alternative Dispute Resolution Commission, in order to succeed, you and your spouse should be prepared to identify and avoid these mediation pitfalls.

Being in a rush

Before you go to the mediation, ask the mediator how long he or she anticipates the session lasting. If you or your spouse needs to leave at a certain point to pick up the kids or go to work, the entire session may feel rushed. Mediation is not the time to feel stressed about leaving on time.

Holding onto negative emotions

The emotional trauma of the end of a relationship is probably making it difficult to get through the business of ending the marriage contract. Emotional resistance or negative motivations such as revenge or greed can derail mediation.

Failing to be realistic

Your mediator understands the Tennessee family court and knows what kind of settlements judges are most likely to sign. If he or she tells you that something you want is unrealistic, you should take that professional knowledge and experience to heart. Instead of arguing or insisting, consider asking for more information about ways to negotiate that will not ruin your chances at avoiding litigation.

To learn more about the mediation process during divorce, please visit our webpage.