Mediation may be a cheaper and faster way of resolving a divorce. It also protects the children from the undesirable effects of a drawn-out contest between the parents.
However, it is not always the best way of handling a divorce. There are some instances where mediation is not a viable option, and litigation is the only workable solution. Below are such cases.
Where domestic violence is involved
If your partner is abusive towards you, either physically or emotionally, then mediation won’t work. One partner is not supposed to be dominating the other in mediation since it might create an unconducive environment to conduct negotiations.
While the mediator can engage the parties separately and try to mend their differences, mediation may not be an option in extreme cases.
When your spouse is not honest
Mediation requires both parties to come to the table with clean hands. If your spouse is not forthcoming with the truth, especially on financial information, you might not get what you deserve from the divorce. They could fail to disclose all the marital assets you legally have a stake in.
Remember, unlike a judge, the mediator does not have the power to compel any party to provide information. Therefore, a dishonest spouse can abuse the mediation process and shortchange the other.
Making the best choice
Every divorce is unique. Therefore, when deciding whether mediation is the best option, it is necessary to evaluate the circumstances of your divorce before choosing how to proceed.
Are you and your partner willing to mediate? Are there any aspects of mediation that you are uncomfortable with? Having the answers to these and more questions can help you make the best decision and ensure you protect your rights during the divorce proceedings.
