Can Mediation Help In High Conflict Divorce Separations?

Mediation Can Minimize the Polarization That Occurs Within the Adversarial Litigation Process and Thereby Reduce Levels of Conflict.

Understanding How Mediation Services Help to Reduce Tension and Minimize Conflict While Facilitating Better Conflict Solutions

Unfortunately, without fault, separating couples often end up in a high conflict adversarial court case.  While each person may usually behave rationally in a problem situation with an aim to minimize conflict, as a separating couple, a line gets crossed and both pass the point of rationality and respectfulness resulting in unfortunate, and unnecessary, hostilities.

When faced with a high conflict situation, many people presume that the solution is to retain expensive legal counsel and to commence court proceedings.  While there will be some dispute situations that require court intervention, mediation often presents as a solution better than litigation for the resolving of a high conflict separation and divorce.

Generally, as an alternative to litigation, mediation avoids the adversarial setting and process of litigation.  By avoiding the courtroom, the separating couple avoids polarizing the dispute issues along with minimizing the opportunity to resolve the matter.  Unlike litigation where a matter is commenced within the court process and layers of conflict and mistrust arise, mediation avoids the vicious cycle of pitting parties against each other and instead works by helping the parties to solve the conflict without the inflammatory polarization of adversarial litigation.

In a high conflict separation, the mediation will usually need to schedule additional time whereas these cases are often more challenging are require longer to mediate.  Furthermore, the mediator may find that separating the disputing parties for frequent breaks helps to to minimize tension when emotions start running high or if any signs of aggression.

For success in high conflict cases, the mediator must avoid confrontation with the party that is being confrontational and is causing much of the conflict so as to maintain a constructive atmosphere.  Essentially, resolving the dispute is more succeed when the parties appreciate that the mediation process offers the mutual benefit of a conflict ending resolution.

 

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