When people are going through a divorce, generally there is some level of conflict and negative emotions. People do not get divorced when things are going well and each person is happy. They occur when people are upset with each other and things are not going smoothly. Divorces are also emotional times for the people involved, as they used to love the other person and also may have children. Splitting up a family like this is never easy, even in situations when it may be best in the long run.
During a divorce, people still need to make very important decisions despite all of the emotions involved. That is why divorce mediation may be useful. It utilizes a third-party neutral mediator who both understands the legal and the personal aspects of a divorce and can help the parties reach agreements. However, people need to be open to what a mediator and the other party are saying to be effective.
Therefore, some people may feel that if the couple is a high conflict couple mediation may not work. However, even high conflict couples may find that mediation is useful. Mediators are trained in dealing with high conflict divorces and can help diffuse situations so that the parties focus on the decisions that need to be made and not any personal animosity they have towards the other party. When this happens, even high conflict couples can reach resolutions.
Each marriage in New York is unique and, therefore, each divorce is also unique. While some conflict is common in divorce, some couples are more high conflict than others. This does not mean that divorce mediation will be useless for these couples. Qualified mediators know how to handle the situations. However, for any party going through divorce, it is important that they understand the law and their rights.
Source: www.highconfictinstitute.com, "High Conflict Mediation: 4 Tips for Mediators" by Bill Eddy accessed on Dec. 5, 2017