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Can Divorce Mediation Really Help in High-Conflict Cases?

Can Divorce Mediation Really Help in High-Conflict Cases?

Approximately 10% of the U.S. population has gone through divorce, but that does not mean there’s only one way to go about it. In fact, there are several different methods that couples can choose from when filing for divorce.

However, one of the best ways to handle a high-conflict divorce is to go the way of divorce mediation.

Many people are under the assumption that the only way to resolve a high-conflict case is to hire divorce lawyers and pursue litigation to resolve legal issues. And while in some divorces court intervention may be the best way to resolve issues, it’s not the case for the vast majority.

But how can mediation help cases of high conflict reach a settlement?

First and foremost, it is important to have a few key factors in place. If couples are tired of litigation and have already used many of their resources without coming to a settlement, it may be time to mediate.

That is definitely not to say conflict does not happen during mediation, but mediators are trained to handle that conflict in a way that keeps it contained and manageable under the mediation circumstances. A good mediator should be able to view all of the individual issues as a whole to form a settlement.

High-conflict cases can be tricky because deep-seated hostility can often lend itself to pointless bickering in court. In fact, there may be a desire for high-conflict couples to do so because of their hostility toward one another. That being said, the one downside of divorce mediation for many couples is that the case will often take much longer to settle, especially for high-conflict divorces.

While mediation may take longer, the results are usually much more positive than in a traditional litigation case. For example, children in high-conflict divorces are often made to feel like collateral damage, or like they don’t really matter. Mediation forces parents to address their issues and bring a productive mindset to the table in the best interest of their children.

The issue leading to high-conflict divorces isn’t that parents are bad people, it’s that they lack the perspective needed to cooperate properly. That’s where divorce mediation comes in and can help.