When Divorce Mediation May Not Work

 Posted on October 26, 2022 in Divorce

For many spouses, divorce mediation or other methods of cooperative divorce may be preferable to a prolonged courtroom battle. Divorcing spouses who use mediation may be able to save substantial time, money, and stress. However, alternative dispute resolution tactics may not be effective - or even worth trying - for every set of spouses. The process requires cooperation and a certain level of emotional maturity to succeed. Both spouses must be willing to make compromises with one another. Both spouses must be able to commit to participating in mediation or negotiation efforts.

While you and your spouse need not be amicable for divorce mediation to be an effective strategy, having a high level of conflict or certain types of intense conflict may mean that uncontested divorce is not likely to be a viable option for you. There are some signs that may lead your attorney to steer you toward the courthouse and away from a cooperative divorce. You also have the option of attempting to cooperate and then resorting to litigation should it fail. 

Signs That Divorce Mediation May Not be Right for You

Cooperative divorce methods can work for many spouses who are in conflict. However, it is not right for everyone. After speaking with your attorney, you may choose to go directly to court if one of these circumstances exists: 

• Abuse - If there has been serious abuse in your marriage, you may be dealing with a spouse who will not be willing to compromise or be fair to you. It may be preferable to let a judge equitably distribute your property and make determinations about child custody as needed to protect the children from your spouse. There is also a high risk that you could be threatened or intimidated during the process. 
• Dishonesty - The mediation process relies on honesty and full disclosure by both spouses. If you believe that your spouse has misled you about what assets and debts they have or will lie to the mediator and your attorneys during the mediation process, it may be best to go directly to court, where evidence is required. 
• Intense conflict - Most divorces are borne out of some type of conflict between spouses. However, if the conflict between you is so intense that you cannot communicate productively or be in the same room, mediation may not be for you. 

If for any reason you feel that mediation efforts would not be productive, you should discuss the issue with your attorney in order to determine how best to resolve the divorce 

Contact a Cook County Divorce Attorney

The Law Offices of Curtis Bennett Ross, L.L.C. strives to find the best possible resolution method for every divorce. As an experienced Skokie divorce lawyer, Attorney Ross can help you determine how to proceed with your divorce. Contact us at 312-984-1514 for a complimentary consultation. 

Sources:

https://www.mediate.com/domestic-violence-and-mediation-concerns-and-recommendations/

https://www.mediate.com/the-truth-about-deception-in-mediation/