This post is the sixth in a multi part series on divorce mediation, its advantages and disadvantages, how it works, and who it’s best suited for. If you haven’t read parts 1-5 yet, I recommend you do before continuing.
Finalizing the divorce (continued)
A mediated divorce, or one reached through collaborative divorce, falls under a category called uncontested divorce. Uncontested divorce means that both spouses are 100% in agreement about the terms of the divorce. Obviously, most people find it difficult to come to complete agreement about every aspect of the divorce on their own. That’s why we have systems to resolve disputes, like divorce mediation and collaborative divorce.
Who is a good candidate for divorce mediation?
For many, divorce mediation has considerable benefits over traditional, litigated divorce. However, it’s not a one size fits all solution for every case. Let’s take a look at some factors that influence whether mediation is the right choice for your situation.
Do both parties want to come to an agreement? Mediation only works when both people are willing to make it work. If one spouse is unwilling to open up, unwilling to work on problems, or altogether in denial about the reality of the divorce, mediation might not be a good option. If they are completely against the divorce, what they need to understand is that won’t stop it. New Mexico and almost every other state have what is called no-fault divorce. This means that anyone can get a divorce for any reason or no reason.
Can the two parties communicate with one another? The first step to resolving divorce disputes is to be able to sit down and talk about them. If there is so much animosity between the parties that they can’t even be in the same room together, mediation might be the wrong choice. At the very least, they will first have to work on their issues enough that communication is possible, otherwise the mediator will have nothing to work with.
Check back soon for The truth of divorce mediation – advantages, disadvantages, how it works, and who it can help the most, part 7. In the meantime, check out our page on divorce mediation.