Interest-based mediation in divorce

Interest-based mediation is a valuable approach to resolving conflicts in divorce cases. It is unlike traditional litigation, which can be adversarial and costly.

This type of mediation focuses on finding common ground and mutually beneficial solutions, using a neutral mediator to help the parties identify their interests and work towards a resolution.

The focus

In divorce mediation, the focus is on the underlying needs and concerns of each party rather than on legal rights or positions. This can lead to more creative and flexible solutions that may not be available through litigation. For example, in a divorce involving children, the parties may be able to come up with a parenting plan that addresses the unique needs of their family, rather than relying on a standard custody arrangement. Additionally, because the process is collaborative rather than adversarial, it can help to preserve relationships and reduce the emotional toll of divorce.

Active participation

One of the key principles of interest-based mediation is that both parties have the opportunity to actively participate and voice their opinions. This can help to empower individuals and promote a sense of ownership over the outcome. Interest-based mediation puts the parties in control, which is in contrast to evaluative mediation, where the mediator has more active participation in directing the discussions.

Cost efficiency

Interest-based mediation can also be more efficient and cost-effective than litigation. Since the parties are working together to find a solution, the process often ends more quickly than a court case. This can result in significant savings in terms of both time and money.

Overall, interest-based mediation is a valuable tool for resolving conflicts in divorce cases. It can allow for a better end result where all parties walk away feeling a sense of fairness and justice.