Is Mediation Possible in a Heated Divorce?

The vast majority of divorce cases filed throughout the United States unfold along relatively tame lines compared to many media portrayals of divorce. However, in rare cases, divorces are hotly contested by one or both parties, and the emotional side of a divorce can have far more influence on the legal side than it should. When emotions prevent rationality in divorce proceedings, everyone ultimately loses. Heated arguments and unwillingness to compromise increase the time, expense, and stress required to end the marriage.

Many couples filing for divorce in San Diego and throughout the US pursue alternative dispute resolution instead of conventional litigation. This not only saves time and money but also provides a more relaxed, personalized experience when it comes to ending a marriage. However, any form of alternative dispute resolution, such as divorce mediation, requires both spouses to be willing to negotiate and compromise.

Understanding the Emotional Effects of Divorce

Some marriages end due to problems that have gradually escalated or gone unaddressed over time, while others break down due to more acute causes. Any divorce can be emotionally challenging, but those that end abruptly due to one of the spouse’s bad behaviors are especially likely to cause intense emotional flare-ups as divorce proceedings begin. Everyone processes divorce differently, and the reason behind the divorce will also influence how a person emotionally processes the experience. While it can be incredibly difficult to do so, it is essential to prevent strong emotions from interfering with the ability to approach divorce rationally.

It’s not uncommon for divorce papers to come as a shock to unsuspecting spouses while others are well aware that their marriages are on the decline and rapidly heading for divorce. Divorce can cause a mix of frustration, guilt, doubt, resentment, exhaustion, and many other difficult emotions. Some divorcing spouses make the mistake of settling too low or too quickly just to “get it over with” so they can move on with their lives. More often than not, this approach can lead to significant long-term problems that could have been prevented with a more measured approach to divorce proceedings and guidance from reliable legal counsel.

Other spouses may feel vengeful or spiteful and attempt to draw out divorce litigation as much as possible to financially cripple the other without acknowledging the financial strain of their own legal fees. Proper legal counsel can be a great defense against destructive emotions in divorce proceedings, making it possible to reach a swift and agreeable resolution to divorce even when emotions run high between the divorcing spouses.

How an Attorney Can Help

It may be difficult to imagine sitting down at a negotiating table across from your ex and having a civil discussion about the terms of your divorce, but this is exactly what divorce mediation offers. The right attorney can help a client see this process through with greater confidence, specifically addressing the emotional issues that are likely to arise during divorce proceedings and helping the client prepare for them.

The right attorney can carefully analyze the evidence in play and make measured decisions when the client is too emotionally rattled to do so, ensuring the case proceeds in a favorable and reasonable direction. In most emotionally tense divorce cases, the divorcing spouses simply need guidance and reassurance from their respective legal teams to successfully complete divorce mediation and take advantage of the many benefits this form of alternative divorce resolution offers.

Benefits of Focusing on Mediation

No matter how a marriage has broken down, once it has passed the point of no return, both spouses should seek legal counsel and settle their divorce as expediently as the law allows. The most common obstacle met in the pursuit of this goal is emotional turbulence and overcoming this is essential for mediation to work.

Divorce mediation offers savings of both time and money, more control over the terms of a divorce agreement, and privacy. The alternative is costly divorce litigation that will likely cause already tense emotions to boil over into even more stressful experiences and cost both spouses exponentially more than it should.

An experienced San Diego divorce attorney can help a client embroiled in an emotionally heated divorce approach the situation with more clarity and confidence, preparing them for mediation sessions and exploring all open subjects of discussion with measured legal acumen. Divorce mediation is the preferred method of alternative divorce dispute resolution in the US because of how efficient it is. If you are concerned that emotional issues in your divorce could prevent you from taking full advantage of the benefits of mediation, it’s best to meet with an attorney as soon as possible.

If a divorcing spouse can successfully put their emotional issues aside, they increase the chances of successfully completing their divorce mediation as quickly as possible with a favorable result. One spouse’s willingness to compromise creates a tipping point; if the other spouse refuses to peaceably negotiate the divorce, this decision will ultimately reflect poorly on them. When divorcing spouses are willing to set personal issues aside and take advantage of divorce mediation, everyone wins. They can allay their respective concerns about future finances, childcare and custody, and other matters, ultimately allowing them to process the emotions surrounding divorce more easily.

Find Your Legal Representative Today

Regardless of how your divorce manifested, it’s vital to acknowledge the need for legal representation as you navigate this difficult experience. Divorce can be painful and lead to a massive shift in lifestyle. Handling the process with care and securing legal representation is the best way to ensure an easier transition into this new lifestyle. If you are facing an emotional divorce of any kind, call our office. The San Diego divorce attorneys at Bickford, Blado & Botros can help you explore alternative dispute resolution, even when negotiation seems unlikely to succeed.

Our firm has successfully handled many difficult divorce cases and helped clients see the divorce mediation process through to successful completion. We can put this experience to work in your divorce case, so contact us today and arrange a consultation with our team.

 

 

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