Mediation: Negotiating a More Satisfactory Divorce

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) demands, the two sides dig in, a judge takes over, and animosity reaches a fever pitch. Mediation would seem to offer a more peaceful alternative to the traditional adversarial approach to divorce negotiations. And, indeed, mediated divorces, now widespread, have been found to achieve higher settlement rates than litigation.

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