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Considering Divorce
How to Suggest Divorce Mediation to Your Spouse
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By: XSTILLA.COM

In most instances, one spouse learns of mediation or wants to try the process while the other may have their mind set on hiring an attorney and litigating their case. Panic sets in and one, or both, spouses may feel they must go to court in order to protect their finances or make sure they won't risk losing custody of their children.

 

What's often overlooked is that the main purpose of mediation is to ensure that both spouses experience a fair outcome with all of their issues, whether it's as simple as dividing assets or as complex as the division of multiple properties or deciding on what's best for their children. You may want to simply inform them that with mediation, the both of you decide important issues rather than a judge, and that it will be less expensive for both of you.

 
If your spouse is reluctant to try mediation, try not to appear as if you are the one who has all the answers and will be mediating the terms of the divorce. If you have any information you've already received, share that with your spouse, as well as any websites you've found on the subject. The point is to convey that mediation may be in the best interest of everyone involved, not just something that you think is best.
 
Also, remind your spouse that mediation doesn't take away from your legal rights in any way, and that at any time, either one of you has the power to stop mediation, and instead begin the process of litigation in divorce court. Alternately, if you've found that you're getting nowhere in court, you always have the option of then trying mediation.
 
Forcing the issue of mediation will more than likely result in greater resistance and add to both of your frustrations. Just as only you are in control of yourself and your actions, so is your spouse. Ultimately, you'll simply have to accept their decision one way or the other.


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