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When should you avoid divorce mediation?

On behalf of Bryson Law Firm, PLC | January 25, 2021 | Family Law | 0 comment

You want to end your marriage, but you do not know the most favorable way to go about it. You know you could opt for divorce mediation, but would you be better off with traditional divorce?

To help make a final decision, see what Family Education says about when to avoid mediation. Shape your post-divorce life with the right knowledge.

You have a bully for a spouse

Maybe your spouse has a bad temper or often bullies you into submission. Mediators cannot force spouses to listen to each other or disengage from intimidation tactics. You may spend most of your mediation sessions making your voice heard rather than working out the details of your marital split. No matter how great a mediator you have, she or he likely does not receive training on confronting aggressive clients.

You do not know your assets’ worth

Maybe your spouse handles most of the financial matters in your marriage. Further, your partner may demonstrate an unwillingness to share the value of your retirement or pension accounts. In either scenario, think twice before going through mediation. Mediators cannot force spouses to divulge the value of their assets. While the same applies to a legal representative, a legal professional may at least turn to a judge to force a spouse to share financial information.

You and your spouse do not speak to each other

Be honest when gauging how well you and your soon-to-be-ex communicate with each other. Mediators cannot force spouses to speak to each other, nor do they have the training to get them to have a conversation. Mediators specialize in navigating and resolving conflict, not repairing lines of communication.

It is OK if mediation does not fit your situation. Traditional divorce could prove more productive.