Eidelman & Associates The Good, the Bad & Ugly Things a Divorce Attorney | Page 17

Determine if the Participants Have the Capacity to
Negotiate
For any effective negotiation to take place, both parties must be willing to
negotiate. The mediator is tasked with finding out if any party is unable or
unwilling to negotiate. Some partners might be unwilling to negotiate but
focused on prolonging the divorce process. He should also ensure that both
parties know the assets they own and their financial status. This sets an even
ground for discussions.