Mediating a Litigated Divorce Cases: the One Thing You Need to Get Rid of Before You Go Into Mediation (part 2)

Mediating a Litigated Divorce Cases: the One Thing You Need to Get Rid of Before You Go Into Mediation (part 2)
By: Vivian Rodriguez

If you want the mediation to result in an agreement that will not only end this divorce case, but will also reduce the chances of going back into court, then here are a few things you can do to deal with those feeling of frustration and desperation:

1.  Realize that this is a short-term condition.  Regardless of whether you case has been in court for a year or two (or longer), it will be over.  It is a good idea to find a way to release the negative feelings brought about by the process as you're going through it.

2.   Become involved in the preparation of your case with your attorney.  Taking even small actions to help your attorney will give you a feeling that you are actively participating in resolving your case quickly—a sense of control.  Even better, ask your attorney what are some things you can do to help him or her expedite the case.

3.  When you're going into mediation, make sure you speak to your attorney about your options before the day of the mediation.  Attorneys cannot guarantee a particular outcome at trial, but they can help you evaluate some worse-case scenarios if you go to trial.  They can also help you come up with alternatives that will work for you.  Obviously the idea is to aim for the better alternatives on the day of the mediation.

You may be wondering what's the point of using mediation if you have to do this kind of preparation.  The reality is that when you compare mediation with litigation as a way to resolve a dispute, mediation gives you what litigation does not:  control.  You and the other party can control how this case will turn out.

If your case does not settle at mediation, your case will nevertheless come to an end when the judge decides all issues for you and for the other party.  But if this happens, and either of you do not like the outcome, the only other option is to appeal that judge's decisions.  Which means going back into court to appeal the decision.

When you're going to mediate your litigated divorce case, your attorney will most likely inform you about the mediation process.  However, if you want to find out more before then, you can visit  Peaceful Family Options for a free mediation guide.

© 2008 Vivian Rodriguez

Article Source: http://www.articlesbase.com/divorce-articles/mediating-a-litigated-divorce-cases-the-one-thing-you-need-to-get-rid-of-before-you-go-into-mediation-part-2-450349.html

About the Author: Vivian Rodriguez. Vivian Rodriguez helps parties in family disputes workout creative solutions to lessen the emotional and financial impact of expensive and long litigation. She is an attorney and Florida Supreme Court-certified family mediator offering dispute resolution services in Florida. More (free) information on mediation to resolve family disputes at http://fldivorcemediation.com/. Information on the Florida divorce forms at http://www.myezfloridadivorceforms.com.