What to Know About Negotiations in the Mediation Process

When the negotiations get started in your divorce mediation, it is likely the mediator will encourage you to get started with simpler, less-contentious issues. The idea is that tackling these easier issues will help you build some momentum and establish some trust to help you get “warmed up” for some of the more emotional issues to come.

Of course, even with some of these “easier” issues, the negotiations might not always be simple, and the conversations may become unorganized. It is your mediator’s job to help you stay on task and to work through the immediate issue in front of you. They will also employ strategies to help you brainstorm resolutions and be better listeners.

While it’s your mediator’s job to teach you how to communicate and to facilitate these negotiations, you also have a couple jobs of your own during this process:

• Open-mindedness: You and your spouse must remain open to hearing each other out and to compromising issues. Without this open-mindedness, you will have a hard time resolving many of the issues in your case.
• Listening and understanding: You must give a good-faith effort to listen to your spouse and understand their point of view. Empathy is crucial to a successful divorce mediation. If you do not understand their position, it will be harder for you to partake in fair negotiations.

Compromise is inevitable in divorce mediation. You can’t go in with only a single outcome you will accept—your spouse isn’t always going to agree or give way to your desires. You’ll need to find solutions that accounts for both of your situations and interests. Your mediator can help you find your way there.

For more tips about negotiating your divorce in a mediation setting, contact an experienced Long Island attorney at Solutions Divorce Mediation.