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Legal Mediation: Implications for Divorce

Tuesday, May, 3, 2011


Legal mediation in cases of divorce can in some cases avert the need for divorce entirely.  Although mediation is no "magic bullet" that can repair any damaged relationship, it remains true that mediation proceedings tend to have a very different focus than those associated with court-based divorce.

 

Legal Mediation Preferable for Some Divorcing Couples

 

In court-based divorce, the process is designed to be antagonistic from the start.  This not only adds to the stress levels of everyone involved, it alienates husband and wife from one another and turns the procedures into a contest to see who can obtain the most concessions.  This is likely to rupture relationships further rather than assist couples in distress to find a way to continue the marriage.

 

In divorce mediation, the overriding emphasis is on helping the couple to work cooperatively in order to come to an amicable dissolution of the marriage.  Although the main focus is not on continuing the marriage, this is sometimes a side effect of the process.  As the husband and wife learn to communicate better with the guidance of a mediation attorney, they are sometimes able to settle their differences in ways that can make the divorce itself superfluous.  Even if they continue on toward divorce, their stress levels will be lower and they will be better able to communicate with one another in the future.

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