If a divorcing couple wishes to avoid a lengthy and costly legal ordeal, there are now three out-of-court resolution alternatives available to them.
The first structured "friendly" divorce settlement process to come into being is mediation. The key player in this settlement model is the mediator - a neutral, impartial person whose role it is to help the couple to communicate with one another in a non-argumentative and sensible manner.
Divorce settlement negotiations usually involve many emotional or other negative factors that make it difficult for the parties to remain level-headed. Mediators are trained to manage and defuse these negative influences so that the parties can keep their negotiations headed in the right direction.
Mediators have no power to make decisions; their job is to help the parties create a settlement that both find acceptable. The mediator makes sure that each party presents his or her settlement wishes in the best possible light. To do this, they use various persuasion techniques, most of which are among the various insights and tips mentioned in the Eye Opening Insider Negotiation Tips catogory of this blog.
The success of divorce mediation is indisputable. However, it is no longer the only non-court settlement model that is available to parties in conflict. It is now joined by two other effective, time and money saving, non-court negotiation processes: Cooperative Divorce Law and Collaborative Law.
