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Writer's pictureAlan Jacobs

How to Get Your Spouse to Agree to Mediation


One of the initial challenges in mediation that you may face is getting your spouse on board to give it a try. When your marriage is ending, and both of you are going your separate ways, it can be hard to be on the same page about anything, much less mediation. Use the following tips to help you ask (and convince) your spouse to mediate the divorce.

Be prepared - As with anything, preparation is critical. While you don't need to be an expert on mediation, having enough background knowledge to understand why it interests you is essential. Do some research ahead of time. You might be able to find all you need to know with a simple online search, but if you are missing information, contact a professional for those details.

Communicate carefully when asking your spouse to mediate your divorce - Once you have the details about mediation, communicate carefully with your spouse. Keep in mind that you may both be reeling from the changes taking place, so this is a great time to tread lightly.

Choose a time when conflict is limited between the two of you. Don't pick the moment that a child is challenging or one of you is late to a meeting. You know when those moments are, and the best thing you can do is to avoid them.

In some cases, direct conversation consistently leads to conflict. If that's the case for you, it does not mean you can't use mediation to resolve your difference. Consider sending an email or text instead. Not only does it give the other person a few minutes (or hours) to think about their response, but it allows them to do so at a time that is convenient for them.

If necessary, reach out to your mediator for assistance. On rare occasion, I work with clients who request that I contact their spouse on their behalf. In those cases, I send either an email or a letter introducing myself and the mediation process. I also invite the spouse to schedule a call to discuss any questions or concerns they may have.

Share resources - If you have been doing your research online about mediation, share the resources you find with your spouse. If the resources convinced you that mediation is right for your situation, they may very well convince your spouse as well.

Focus on the benefits of mediation - Just because you want to do something, doesn't mean that your spouse will as well. Focus on how mediation will benefit both of you. For example, mediation allows for:

  • Putting your family first

  • Greater control over the outcome

  • Privacy

  • Affordability

  • ...among other things. When you know the benefits ahead of time, you'll be able to convey them to your partner.

Don't force the issue - No matter what you do, don't force the issue of mediation with your spouse. Ideally, you want an amicable settlement and angering or irritating the other party will only result in frustration on both sides.

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