Mediation is often seen as a peaceful, cost-effective alternative to a lengthy court battle during divorce. It provides a collaborative environment for couples to work together toward a fair agreement. While this can be a great option, divorce mediation doesn’t work for everyone.
Understanding its limitations can help you decide if it’s the best approach for your divorce and protect your interests. Here is what you need to know.
Lack of commitment can block progress
Divorce mediation only works when both partners genuinely want to resolve issues together and are willing to actively participate in the process. You’re not likely to make any meaningful progress if you or your spouse is unwilling to negotiate or is not committed to the cause. Similarly, a lack of disclosure by either spouse and a total communication breakdown can derail everything.
Remember, divorce is a voluntary process; either partner can exit the process mid-way or refuse to participate from the onset. A traditional legal divorce may be more effective for reaching an agreement under such circumstances.
Power imbalances and abuse can complicate mediation
For mediation to be fruitful, both parties should have equal footing before and during the process. It may not be a safe or fair way to settle a divorce if there is a history of abuse or significant power imbalance. A court-supervised process can provide the oversight and protection needed.
You do not have to compromise your financial rights, custodial time or personal safety in a divorce, regardless of the avenue you choose to settle. Seeking early legal guidance can help you make informed decisions throughout the process, navigate complex issues and protect your interests. The right guidance can be the biggest factor in the pursuit of a fair divorce settlement.