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Negotiating Tools in Mediation

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Divorce mediation can be a challenging and emotional process, but there are a variety of negotiating tools that can help you reach a resolution that works for both you and your soon-to-be-ex-spouse. Here are a few negotiating tools that may be useful in divorce mediation:

1. Active Listening

Active listening is an essential tool in divorce mediation. It involves fully engaging with your partner and focusing on their words and feelings. By actively listening, you can gain a better understanding of your partner's needs and concerns, which can help you find solutions that meet both of your needs.

2. Identifying Interests

In divorce mediation, it can be helpful to identify each person's interests and priorities. For example, you may be interested in maintaining a good relationship with your children, while your partner may be interested in financial stability. By identifying these interests, you can work together to find solutions that meet both of your needs.

3. Brainstorming

Brainstorming is a technique that involves generating as many ideas as possible without evaluating them. By brainstorming, you can explore a wide range of options and find creative solutions that you may not have considered otherwise.

4. Compromise

In divorce mediation, compromise is key. It may not be possible to achieve everything you want, but by being willing to make concessions, you can reach a resolution that works for both of you.

5. Reality Testing

It's important to be realistic in divorce mediation. You may have to let go of some of your expectations and be open to different solutions. Reality testing involves considering the practicalities of a proposed solution and evaluating whether it's feasible.

6. Mediator

The mediator is an essential negotiating tool in divorce mediation. They can provide a neutral perspective and guide the discussion in a constructive direction. The mediator can help you identify areas of agreement and work through areas of disagreement.

Overall, there are many negotiating tools that can be used in divorce mediation. By approaching the process with an open mind and a willingness to compromise, you can find a resolution that works for everyone involved.

Blog posts and podcasts are for informational purposes only and do not constitute legal advice.

About the Author

Laura Tarcea

Laura is a family mediator dedicated to supporting families through divorce or separation. With a background in Mental Health, Research, Program Development, and a Master of Laws in Dispute Resolution, Laura brings valuable insight and critical knowledge to parents. She strongly believes that a healthy co-parenting relationship will protect children from short-term and long-term damage. As such, Laura is a supporter of out-of-court processes to help equip parents with appropriate tools to succeed in their next chapter.

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