Divorce mediation is an alternative to the traditional divorce process where the parties involved meet with a neutral third-party mediator to reach an agreement on the issues in divorce. It is a collaborative and non-adversarial process that helps the parties involved in the divorce arrive at a mutually acceptable solution. Mediation can be an effective way to resolve disputes in a divorce, but it is not a simple process. In some cases, the parties may reach an impasse, a point where they cannot agree on an issue, and the mediation seems to have failed. In this blog post, we will discuss some tips for overcoming an impasse in divorce mediation.

Try to prevent an impasse before it happens

The best way to overcome an impasse is to prevent it from happening in the first place. The parties should start the mediation process with a positive attitude, focusing on the issues that need to be resolved, and approaching them with a willingness to be flexible. Before the mediation starts, the parties should talk about their goals, priorities, and concerns, and try to identify areas of agreement or disagreement. They should also discuss how they will communicate during the mediation and how they will handle disagreements. It is essential to approach the mediation process with an open mind, and a willingness to compromise to reach a solution.

Take a breath - separate

If the parties are in a heated disagreement, they should take a break and separate for a while. The parties can use this time to reflect on what is essential to them and what they are willing to compromise. It is crucial to remain respectful and take a break before an impasse happens.

Put the issue aside for the time being

Sometimes taking the issue off the table for a while can help break the deadlock. The parties can focus on other issues that they can easily agree on and return to the disputed issue later. If the parties cannot agree, the mediator can suggest setting aside the issue temporarily and return to it after progress on other issues.

Highlight the progress that has been made

Agreements made on the issues so far should be highlighted. Parties should be reminded of how much they have agreed on and should use this as momentum to resolve any remaining issues. This can help parties understand that progress has been made, and they can resolve their outstanding issues.

Clarify the practical implications of the dispute

Parties often get stuck on small details that might not matter in the long run but feel essential to each party. Mediators must help parties understand the implications and consequences of the issues that are causing the impasse. This approach can help the parties gain clarity and work towards a resolution.

Consider retaining an issue-specific expert

If the issues in the impasse are technical or require a higher level of expertise, retaining an expert could make a difference. Experts can provide more detailed knowledge on a particular topic that can help the parties make informed decisions. An issue-specific expert can help resolve a mediated dispute, especially if the dispute is technical or concerns a specific subject.

How can an attorney help?

An attorney can represent a party during mediation and understanding the other and their parties’ goals and interests. The attorney can give legal advice and assist in negotiating an agreement. In some situations, the attorney may suggest litigation as an alternative when mediation fails.

Mediation is a valuable and effective tool for resolving disputes, but it can be challenging when parties reach an impasse. Parties involved in mediation must approach the process with an open mind to reach an agreement. This blog post has provided some useful tips to overcome a mediation impasse. Parties who cannot resolve their issues can seek assistance from lawyers and issue-specific experts. When parties feel stuck in mediation, taking a break, reflecting on agreements, and collaborating on other less-contentious issues can move the mediation forward. Parties should work towards identifying the underlying interests of the parties and an enduring solution that benefits everyone involved.