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3 decisions that could derail mediation efforts

Mediating a divorce can be an attractive option for anyone looking for the most peaceful process and resolutions over which they have control. However, choosing mediation is just one step in securing this type of outcome. Participants must also commit to avoiding certain decisions or behaviors during the process that could derail mediation efforts.

Below, we explain three common missteps people make during mediation that can ultimately hinder this process to such an extent that litigation becomes the only option.

  1. Lying about assets: Being honest and forthcoming during property division discussions is crucial in achieving a fair settlement. If you lie about your assets or liabilities, then you could create contention and distrust that makes any further negotiation impossible.
  2. Refusing to compromise: Discussions involving your kids and financial future can be incredibly challenging because they typically require both parties to make difficult concessions at some point. If you refuse to do this, then there may be no way to reach an agreement outside of court.
  3. Spreading false or negative information: Venting to friends or on social media can feel cathartic during a divorce. However, depending on what you share, you could be violating the terms of your mediation or hurting your ex to such an extent that he or she is no longer willing to go through mediation.

These and other missteps could sabotage the process of peacefully resolving a divorce, so it is often recommended that people avoid them if they wish to continue with mediation.

Mediation can and does work when parties participate and take the process seriously. While it can be a challenge to work with an ex to find solutions outside of court, people often prefer mediation to litigation because it minimizes contentious conflicts and eases the financial and emotional toll that a courtroom battle can take on all parties.

To avoid the mistakes we discussed above, as well as any others that could jeopardize mediation of your divorce, it can be wise to discuss your individual situation and concerns with your attorney.

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Evans Family Law
5150 E Pacific Coast Hwy
STE 200
Long Beach, CA 90804-3399

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