Situations Where Divorce Mediation May Not Work
Divorce mediation involves working with a neutral third party (a mediator) to resolve divorce-related issues. When couples disagree on issues such as property division, timesharing, and alimony, mediation can help them reach a mutually beneficial agreement. Divorce mediation has many notable benefits. For example, mediation is less formal, expensive, and stressful than divorce court. Also, it offers privacy and an opportunity to develop tailor-made solutions. However, the truth is that divorce mediation is not suitable for all divorcing couples. The truth is that while mediation is often successful, sometimes spouses who enter the mediation process cannot reach an agreement. If you are about to get a divorce, a skilled divorce lawyer can evaluate your situation and determine if mediation is right for you. Below, we look at some of the situations where divorce mediation may not work;
Situation #1: When There Is a History of Domestic Violence
Domestic violence is a pattern of abusive behavior, either physical, sexual, emotional, psychological, or technological, used by one partner to maintain control and power over the other. Any behavior used by one partner to scare, manipulate, intimidate, humiliate, or isolate the other is domestic violence. Divorce mediation is rarely recommended in cases where there is a history of domestic violence because of the significant power imbalance. Because of the significant power imbalance and the threat of danger, mediation may not provide a safe and equal platform for negotiation. In such cases, seeking independent legal counsel and the help of other professionals, such as trained counselors, may be appropriate.
Situation #2: When The Level of Conflict Is Extremely High
While divorce mediation is intended to help conflicting couples reach an amicable solution, it may not work in a situation where the level of conflict is extremely high. If you and your spouse cannot communicate in good faith and set your differences aside long enough to get through the mediation process, then mediation may not work. In cases where the level of conflict is extremely high, the emotional intensity may hinder productive discussions, making it hard to reach agreements.
Situation #3: When There Is Severe Mental Illness
Individuals with mental illnesses can participate in divorce mediation. However, because of the critical decisions made during mediation, it may not be a good idea for a person with a severe mental illness to go into divorce mediation. A person with a severe mental illness may not be in a state of mind that they could make crucial decisions during the mediation process.
On the other hand, if a spouse has an illness that is under control through medication, they could try mediation. However, this is case-specific. It is crucial to disclose any history of mental illness to a mediator before beginning the mediation process.
Situation #4: When There Is Unwillingness To Cooperate
For divorce mediation to work, both parties must be willing to participate honestly. If one party is not willing to cooperate, mediation cannot work. For example, if one party is unwilling to disclose assets or debts, the mediation process cannot work.
Contact an Orlando Divorce Lawyer
If you are facing a divorce and need legal guidance, contact our skilled Orlando divorce lawyers at the Arwani Law Firm today.
