Jakob Weinrich, LL.M. - Your lawyer in Vienna.

Mediation in divorce - a way to resolve conflicts

Mediation is a proven approach to conflict resolution that should also be considered in separations and divorces. In this article, you will learn what mediation is, why it can be helpful in divorce situations and how the mediation process typically works.

What is mediation?

Mediation is a structured process for conflict resolution in which a neutral third party, known as the mediator, supports the parties in finding a solution that is acceptable to both sides. The mediator promotes communication, helps to identify conflicts and develops solutions together with the parties involved.

When is mediation useful?

Mediation in divorce can be particularly useful in cases where:

  • The spouses have difficulties communicating with each other.
  • The conflicts and differences of opinion have led to a separation or divorce.
  • A civil and respectful separation agreement is sought.
  • The parties want to retain control over the decision-making process.
  • The psychological stress caused by separation or divorce should be minimized.

Conflicts, separation and divorce

If conflicts are very serious, separation or divorce may be on the cards. There are many personal reasons for separation. The changes to everyday life in the event of separation or divorce are often far-reaching, from the housing situation to financial aspects. Conflicts and psychological stress are practically pre-programmed. Differing views on issues such as the division of assets, custody of children and maintenance payments can lead to ongoing conflicts. The emotional strain during this time is often enormous, both for the spouses and for any children.

Mediation in divorce: The process

The divorce mediation process typically begins with an initial meeting in which the parties can express their concerns and worries. The mediator introduces the rules and the mediation process. In the following sessions, the conflicts are identified and solutions are worked out.

Mediator for divorce

A divorce mediator, also known as a divorce mediator, specializes in the unique challenges of separation and divorce and helps the parties reach the best possible agreements.

Mediation is an effective way of resolving conflicts in divorce cases and reaching a civil separation agreement. It enables the parties involved to retain control of the process and avoid emotionally stressful court proceedings.

If no agreement is reached ...

Although mediation can be an effective method of conflict resolution in divorce, there are situations in which no agreement can be reached. In such cases, it is advisable to consult an experienced divorce lawyer to protect your legal interests and get support in any potential court proceedings. Your lawyer can help you take the best steps to resolve your affairs and reach a satisfactory solution for you.

Even if divorce is unavoidable - after a mediation process, married couples can often communicate better with each other and find joint solutions more easily. When spouses have children, an appreciative communication culture is particularly important.