When May Divorce Mediation Not Be a Viable Option? 

 Posted on March 06, 2023 in Divorce

 Divorce mediation is a process where both parties work with a third-party mediator to come to a mutually beneficial agreement on issues such as child custody, division of assets, and spousal support. While mediation can be a less stressful and costly alternative to litigation, it may only be a viable option in some cases. Today, we will discuss when mediation may not be the best course of action. If you are interested in getting a divorce, consult with a knowledgeable attorney so you understand your rights and legal options.

Situations Where Divorce Mediation May Not be Suitable

There are several situations where divorce mediation may not be sufficient, including:

• Domestic violence – Mediation may not be a safe option if there is a history of domestic violence or abuse. In cases of domestic violence, it is essential to prioritize the safety of the sufferer and their children. An experienced family law attorney can help domestic abuse sufferers obtain an order of protection and navigate the legal process.

• Unequal power balance – Mediation may be ineffective if a power imbalance exists between the parties. For example, if one party has a much higher income or is more experienced with legal matters, they may have an unfair advantage in mediation. In such cases, hiring an experienced attorney who can represent your interests and negotiate on your behalf is crucial.

• Mental health issues – If one or both parties have severe mental health issues, they may be unable to participate effectively in mediation. Mental health issues can affect a person’s ability to communicate, make decisions, and negotiate effectively. In such cases, it may be necessary to seek the assistance of a mental health professional to help aid the process.

• Complex financial issues – If complex financial matters are involved, such as business interests, investments, or multiple properties, mediation may not be sufficient. In such cases, it may be necessary to hire a financial professional to provide guidance and asset valuation.

• High conflict – If the parties cannot communicate effectively or have a high level of conflict, mediation may not be effective. The success of divorce mediation depends on the party’s willingness to negotiate and communicate openly. If those elements are lacking, divorce mediation may not be a worthwhile idea.

Contact an Arlington Heights, IL Divorce Lawyer

If you are interested in the divorce mediation process, consider contacting the compassionate and knowledgeable Arlington Heights, IL divorce attorneys with A. Traub & Associates. Call 847-749-4182 for a private consultation.

Source:

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