Strategies for Overcoming an Impasse in Divorce Mediation in Florida
The Florida Courts explains that “mediation is a way for people who are having a dispute to talk about their issues and concerns and to make decisions about the dispute.” As it is a non-adversarial, flexible process, it can be a great legal option for divorcing couples. Of course, that does not mean that all divorce mediation is smooth. Many different issues can arise. Here, our Boca Raton divorce lawyer highlights strategies for overcoming an impasse in mediation in Florida.
Strategy #1: Try to Identify (and Prevent) Issues from Arising
The best way to overcome an impasse is to prevent it—or at least to prevent it from becoming a serious dispute. Proper preparation is one of the keys to effectively navigating divorce mediation. You should work with a Boca Raton, FL divorce lawyer who can help you identify (and prepare for) the likely trouble spots early. By doing so, that will help you approach them with the right mindset.
Strategy #2: Leave the Issue to the Side and Focus on Other Matters
Divorcing couples must resolve a wide range of different matters. As a general rule, it is best to leave the issue that has caused the impasse to the side and to focus on other (easier) issues. Divorce mediation does not require everything to be resolved in order. Progress in other areas can help both parties feel more cooperative. That can help to generate positive momentum.
Strategy #3: Step Back and Highlight the Progress that has Been Made So Far
It is easy to get stuck focusing on what you have not agreed on. Taking a moment to highlight the progress that has been made can also sometimes help to drive the divorce case forward. Any amount of progress, even if it is seemingly slow, can be a good sign in divorce mediation.
Strategy #4: Take Some Time—Separate for Minutes, Hours, Days, or Longer
When emotions start running high, the best thing to do may be to separate from each other and to take some time to regroup. Walking away for a few minutes, a couple of hours, or even a few days can help to give both parties the mental space they need to get back into a collaborative mindset. Remember, a temporary pause in a divorce mediation does not mean failure. It is common.
Strategy #5: Consider Retaining an Issue-Specific Independent Expert
In some cases, an impasse may require the support of an outside, independent expert. When a dispute involves a technical, financial, or parenting issue, an independent expert can help clarify the facts. A neutral expert—financial planner, child psychologist, etc—can give an independent (non-binding) assessment of the situation. That can sometimes help divorcing couples in Florida break through an impasse in mediation.
Contact Our Boca Raton Divorce Mediation Lawyer Today
At Williams & Varsegi, LLC, our Florida divorce attorneys have extensive experience handling mediation. We provide solutions-focused legal guidance and support. If you have any questions about overcoming an impasse in divorce mediation, please do not hesitate to contact us today for a fully confidential consultation. With an office in Boca Raton, we provide family and divorce services throughout the surrounding region including in Coral Springs, Parkland, and Delray Beach.
Source:
flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida
