Understanding How Certain Relationship Dynamics Make Mediation an Untenable Solution During Divorce

 Posted on March 21, 2023 in Divorce

 Divorce mediation is a very popular alternative to traditional divorce litigation, as it can help couples reach a harmonious resolution in a more cost-effective and timely manner. However, regardless of the popularity of the method and its reputation as a great option for many couples, there are certain situations where divorce mediation may not be the best option for couples going through a divorce. Today, we will discuss situations when divorce mediation is not recommended. If you are interested in learning more about divorce mediation or want to pursue a divorce, contact an attorney to ensure you understand your legal options. 

When is Divorce Mediation a Futile Option?

Firstly, mediation is likely to be unsuccessful in cases where a significant power imbalance exists between the couple. For example, this situation can occur if one party has a dominant personality or is more financially stable than the other. In such cases, the weaker party may feel pressured to agree to terms not in their best interests, leading to an unfair settlement agreement. 

Secondly, if there is a history of domestic violence or abuse within the relationship, mediation is not recommended. The safety of both parties in the divorce must be paramount, and divorce mediation can put the sufferer of domestic abuse in a challenging and vulnerable position, where they may feel forced to negotiate with their abuser. In such cases, litigation may be necessary to ensure the safety of the victim and any children involved. 

Thirdly, mediation will likely be ineffective if one party is unwilling to compromise or negotiate in good faith. Mediation requires cooperation and a willingness to work toward a mutually beneficial solution. If one party is reluctant to participate in the process or is only interested in getting their way, mediation may waste time and resources. 

Fourthly and finally, if intricate legal or financial issues are involved, like business interests or complex assets, mediation may be an unsuccessful venture. This is because, with complex assets, the mediator may need help understanding certain assets' financial and legal implications fully. Additionally, if one party is not fully transparent about its assets, reaching a fair and equitable agreement can be challenging. 

Contact a DuPage County Divorce Attorney

For any questions or concerns related to divorce mediation, contact the experienced Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.

Source:

https://www.forbes.com/advisor/legal/divorce/divorce-mediation