What If My Spouse Refuses Mediation?
Divorce mediation is a process in which both parties meet with an impartial third party to resolve their dispute. The mediator does not make decisions for the parties, but helps them arrive at their own decision by providing information and resources, asking questions and facilitating discussion. Mediation can be very effective in resolving disputes because it allows spouses to work together towards a solution that works best for both of them. In many cases, a mediated resolution also saves time and money compared to litigation. But what do you do if your spouse refuses to attend mediation?
Divorce courts typically give one spouse more control than the other over the terms of the final divorce agreement. For example, if one spouse wants alimony payments while the other wants child custody or has concerns about spousal support orders, then there is little room for compromise unless one party gives up something important to them.
In addition, since judges typically have limited time frames for hearing cases, they may rush through mediation so that they can get back to their other cases on the docket. This can make it difficult for spouses to discuss important issues like parenting plans or property division with their attorneys before coming into court because they don’t have enough time. These reasons alone are enough to make mediation worthwhile but if your spouse is still hesitant to attend you may want to consider some of the following solutions:
1. Educate Your Spouse About Divorce Mediation; The first thing you should do is educate your spouse about divorce mediation. You can do this by explaining how mediation works and why it’s beneficial for both of you. Explain that it’s a voluntary process in which a neutral third party helps you and your spouse resolve issues related to the future of your family.
2. Consider Mediating With Your Spouse Via Phone Or Zoom Conference; If attending the meeting in person is too much for your spouse right now, consider mediating with them via phone or Zoom conference instead. This allows them to participate without having to be in the same room as you while they’re going through these proceedings. It also makes it easier for them to focus on what’s being said during the meeting without being distracted by other factors such as body language or facial expressions that could make things difficult for them if they were present at the same location as you at this time.
3. Present The Benefits Of Mediation To Your Spouse; Explain how mediation will allow them to have more control over the outcome of their divorce by allowing them input into things like alimony payments and child custody arrangements. Remind them that it’s not only in their best interest but also in the interest of their children if they can come up with an agreement about these important issues without going through lengthy court proceedings that could cause stress and animosity between them.
4. Take Time Out, And Come Back To Your Spouse Later On; If your spouse isn’t willing to attend mediation sessions at first, don’t give up hope. You may need to take time away from the situation and come back to it later on. Don’t let your spouse’s refusal stop you from mediating in the future; instead, take a break from the situation and try again later on.
5. Be Empathetic Towards Your Spouse. If you have been in a relationship with your spouse for a long time, you know each other inside out. You know what makes them happy and what makes them sad. So, when you approach them about mediation, do so with empathy and understanding. This will help them feel comfortable enough to talk about what is going on in their lives – their concerns, fears and worries – that might be causing them not want to attend the divorce mediation session.
The Takeaway
Hopefully, this post has shed some light on the facts that led up to your spouse refusing to go to divorce mediation. Keep in mind that each situation is different, and it is entirely possible that your spouse may change his or her mind in the future. So try not to give up hope!
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