Is A Mediated Divorce Settlement Agreement Good for You?

By: Vivian Rodriguez
Submitted: 2008-06-09 11:36:15
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There is a way to measure how beneficial a mediated divorce settlement agreement will be for you. But to know it, you must do some work before the actual mediation session, whether on your own or with your attorney if you have legal representation. 

This pre-mediation work will save you time, money and heartache after you've signed a mediated agreement, when you may begin to experience serious doubts about having done so.

First, know what it is you're trying to accomplish in terms of resolving the specific issues. This goes beyond just "getting it over," especially if you're already in court and you think the process has been expensive and long. It means analyzing your best and worst case scenario if you had to file a lawsuit or if you're going to trial.

This part of your pre-mediation work includes not only the legal costs associated with the legal system (lawyers, experts, etc), but also the cost of a particular decision you do not want but could still be a possibility if you go to trial, and which may have costly consequences-whether in terms of money or otherwise--for you.

Second, for each of the issues in dispute, create a bottom line for you to use in a negotiation. This will let you analyze the alternatives that may be offered during mediation. It will give you a yardstick against which to measure a particular result that at first glance may seem attractive.

Third, understand that your opposing side may have done the same analysis--at least if they're serious about reaching a resolution. So it is in your best interest to do a similar analysis of their side of the issues. If you, too, are serious about reaching a resolution, you will have a better idea--not a certain idea, just a better idea-of what may be acceptable to them and can negotiate accordingly.

Throughout your analysis you should be evaluating which are the issues that are less important for you. Use those to bargain for a better position for you on those issues that matter more to you.

This analysis is presented in the context of a family law case, but it is applicable for any kind of dispute resolution, including divorces, post-divorce issues such as changes in custody arrangements, division of property, contract disputes, landlord-tenant disputes, etc.

All of the above may sound like a lot of work in preparation for a family mediation. But if you understand the alternatives to a mediated divorce settlement agreement--expensive litigation for the opportunity to have a stranger ( a judge) make the decision for you--you may find that this is truly a more advantageous process for you because you have the opportunity to participate, along with the other side, in creating a more palatable or acceptable solution. That is the true benefit and measure of a mediated agreement for you.

(c) 2008 Vivian Rodriguez.  All Rights Reserved.

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