When should we avoid divorce mediation?

| May 19, 2021 | mediation | 0 comments

In the majority of divorces, mediation is a good choice for handling the details. Mediated divorces are often much faster and far less expensive than other divorce options, particularly trial divorce.

However, this does not mean that mediation works for all situations. According to Family Education, mediation is not a good option if you and your spouse are not talking or if you are not fully aware of your marital assets and debts.

Why talking matters

Mediation requires a lot of talking. If you and your spouse are not on speaking terms, it is unlikely that you will be able to effectively mediate your divorce. Keep in mind that skilled mediators focus on conflict resolution where you and your ex-spouse can jointly address and solve any issues with expert guidance. However, mediators are not marriage counselors.

In order for mediation to be effective, you and your spouse must be willing to have civil, guided conversations. Additionally, compromise is a requirement for effective mediation. No talking likely means no compromises.

Keeping track of the money

In some marriages, one party may be acutely aware of marital property while the other one is largely in the dark. If you are not aware of the value of the assets in your marriage, then it is likely mediation is not the best choice. This is because a mediator does not have the authority to require one spouse to reveal assets to the other, and nor does a mediator give legal advice. Mediation is a great choice for many ex-couples, but in some divorces more legal structure is necessary.