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Have a Strategy Going Into Your Divorce Mediation

Judith Trentman Wilson, Attorney at Law, P.C. July 26, 2021

Most people who are facing divorce simply want to dissolve their marriage as quickly as possible. The good news is that most divorces are able to settle well before they ever head to trial, which is why mediation is such a popular option. However, simply because you may not have to argue your case in front of a judge doesn’t mean that you can forego preparing strong legal arguments. On the contrary, before sitting down for divorce mediation, you need to be armed with a competent negotiation strategy.

How to build your negotiation strategy

There’s no one-size fits all approach when it comes to creating a negotiation strategy. Instead, take each of the following into account and work with your attorney to figure out what kind of strategy works best for you.

  • Identify what you want and need: You’re probably going to need certain things to get by financially post-divorce. What are those assets? A home? A car? A bank account? By identifying these assets, you identify your non-negotiables, which essentially draws a line that you’re not willing to cross. By figuring out what you want out of your divorce, you can focus the direction of your negotiations.

  • Identify what your spouse wants and needs: Conduct the same analysis from your spouse’s point-of-view. Once of done this, you can see where you may have some leverage and where the true negotiation is going to occur. This gives you direction and focus.

  • Don’t be overly aggressive: There can be a lot of emotion tied up in divorce negotiations, which is to be expected. But you can’t let those emotions bleed into settlement talks to the extent that it derails them. So, do your best to remain direct and assertive without coming across as retaliatory or badgering. Your spouse will be reminded to do the same. After all, you don’t want to prolong the process and incur avoidable costs.

Be prepared for your divorce mediation

Mediation is a great tool to quickly and effectively end your marriage in a way that ensures that you get a fair outcome. If you want to learn more about the mediation process and what you can do to better prepare yourself so that you can protect your interests as fully as possible, then you may want to consider discussing your situation with an experienced family law attorney.