Divorce mediation is one of the options you and your spouse have for settling the division of your marital assets and debts. Mediation can be beneficial, but it is not always the best choice for some couples. To help you and your spouse determine if mediation is a viable option, here are some situations in which it does and does not work.
When Is Mediation Possible?
If you and your spouse have mutually decided to divorce and there is no chance of reconciling, mediation can possibly work. In this instance, both spouses are committed towards ending the relationship and are willing to work together to get it done in an efficient manner.
Mediation should also be considered if you and your spouse need to stay on good terms with each other. Whether it is because you share children or a business or simply want to be friends, mediation can help you end the marriage without harming your relationship.
However, it is important to note that if either spouse is feeling any resentment or blaming the other spouse for the dissolution of the marriage, mediation can be difficult. You and your spouse might need to attend counseling together to help both of you learn how to deal with your emotions so that they do not interfere with the process.
When Should Mediation Be Avoided?
Unfortunately, mediation is not possible in certain situations. For instance, if one spouse is overbearing and dominant, mediation could result in the other spouse feeling bullied. As a result, the outcome might not be as fair as it could be if the case was heard in court.
Mediation should also be avoided if there is a history of emotional or physical abuse. In court, you could seek legal protection if safety is a concern and also avoid being intimidated into forfeiting assets and taking on more debt that you are legally responsible for.
If there are custodial issues, such as the possibility that one parent might take the child out of state, court is the better venue. A custody order could be issued, which includes limitations and safeguards in place to help protect against a child being taken without the permission of the other parent.
Consult with a divorce attorney like Cragun Law Firm to further assess your situation and determine whether the court or mediation is best for your situation. Even if you choose mediation, your attorney can serve as a consultant to help you assess the agreement that you and your spouse reach.