One of the things that happens when a couple gets a divorce is the separation of assets and liabilities. Prior to going to trial, the couple is ordered by the Court to attend mediation in order to allow the parties to resolve all, or as many issues as possible, before involving the Court. In mediation, the parties are asked to make decisions about many aspects of their lives, including which party will get what items. Emotions often come into play when dividing personal property, as parties either want to punish the other person or perhaps are unable to process the fact that the marriage is really over.
Unfortunately, emotional attachment to personal property can be counterproductive in a mediation. When a party’s feelings overcome their ability to see the bigger picture, people can spend more on attorney’s fees than the item is actually worth. It is helpful to make a list of the items that need to be distributed prior to mediation, and with the assistance of your attorney, have a rough idea of their value. There will always be items that have a sentimental value which is hard to determine, but most have a concrete cost. Keep this cost in mind when negotiating and concentrate on the big picture. It is often less expensive to buy a new item than to spend hours of attorney’s fees arguing over who will get keep it.