Divorce Law

Problem-Solving Negotiation and Mediation vs Adversarial Negotiation

Divorce is never easy, but there are ways to make the process a little more comfortable. The usual divorce is filed in court and can take years to resolve in an adversarial negotiation. Motions, pre-trial filings and depositions all take time and previously there was no way around it.

Now, there is a move in family law towards problem-solving negotiation or mediation. Many people are surprised to know that there is another way to settle issues within the family without going straight to a lawsuit. When both parties have the same end goal and there are no other major issues, a problem solving negotiation or mediation would be more beneficial for the family.

Family law is a very complex area of law. Sometimes there is no right or wrong in a relationship, there are just two very differing views on the same matter. There are so many laws governing divorce that a divorce or child custody proceeding could go on for years. Showing up for hearings that the other party can continue can unnecessarily eat up your time. There is a way to accomplish the same end in a much more efficient and holistic way. Spending years in court is not beneficial to any party involved and all parties can benefit from the process being much shorter and efficient.

When children are involved the situation is particularly sensitive. A problem-solving process would allow parents to keep the kids from being interrogated in a court proceeding. Both parties can agree that having the children involved in the actual process is not a healthy thing and both parties can agree to insulate the children so that they are less affected by the actual proceedings.

In addition, the negotiation or mediation is generally less stressful because the result is crafted with input from both parties. When both parties have input in the outcome and not just a judge, both parties are getting something that they want. Usually, both parties do not get everything they want, but they are able to come up with a solution that works.

Guest Post Contributed by
There is a way to minimize the damage of divorce and minimize the stress of the process. Splitting up is always emotional, but it doesn’t have to be done by traditional means. Negotiation can sometimes take less time because you get straight to the problem without paperwork drawing out the process. It is better for both parties to end to the relationship in an efficient and fair manner.