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Divorce Mediation: Solving Complex Divorce Issues

Each divorce is unique with it’s own sort of issues to be resolved. Some issues will be complex, other issues may be simple.

Working with a divorce mediator has proven to be a successful, highly recommended process but it may not be suitable path for every divorcing couple.

There are 3 different paths a divorcing couple can take. Some couples will take the mediation route, others will take the litigation route and some couples are able to work out matters on their own.
If divorce mediation is the chosen route, there are things to consider when dealing with complex issues.

With the help of a neutral third party mediator parties can brainstorm ideas. The mediator can offer suggestions and options that the parties may not have considered. Brainstorming an issue can help the parties realize that there are several ways to resolve an issue. New ideas proposed may be the solution to resolve an issue and will move the parties closer to reaching an agreement. Brainstorming may also help with the parties’ communication and ability to work together.

Prior to discussing a complex issue in mediation, the parties may consider discussing the issue with a mediation friendly lawyer. It is important that the parties understand the complexities of the issue and understand their rights and obligations under the law. A divorce mediator does not act as an advocate for either spouse so it is important that parties speak privately with a legal advocate
In addition to obtaining the assistance of a mediator, the couple may seek assistance from other neutral professionals within the mediation setting. A business evaluator, an actuary, other financial professionals and therapists are some of the examples other professionals that may be retained to assist with valuations and making financial decisions. Other neutral professionals may provide ideas and help the divorcing couple with a plan for moving forward.

Complex divorce issues often do not have quick fix resolutions. A complex issue may have several parts that need to be addressed. As part of the mediation process, patience is required in order for the parties to understand, identify and address each part in order to work out a resolution. Working out the details at the beginning of the process can help to avoid post-divorce issues that may lead to costly litigation.

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