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When is divorce mediation not recommended?
Mediation can be a powerful tool in resolving conflict during a divorce, but there are times when it may not be appropriate or effective. If you are wondering when divorce mediation is not recommended, a Coover Law Firm, LLC divorce lawyer in Howard County, MD, suggests avoiding this method if there is a history of domestic abuse, lack of transparency, significant conflict, unwillingness to compromise, imbalanced power dynamics, or financial complexity.
What mediation is and how it works
During a divorce, mediation in Maryland is typically used when a couple cannot come to an agreement on property division or on how child custody or spousal support issues should be settled. Both spouses sit down with a neutral party, known as a mediator, to work out their differences.
A mediator will guide discussion between you and your spouse and help you consider various points that may help you arrive at an agreement. Mediators do not make decisions for you. Instead, they help you find ways to compromise and make decisions you are both satisfied with.
The benefits of mediation sessions are that it is considerably less expensive than court, minimize the duration of your divorce, and allow you to keep your conflict confidential. The divorce mediation process is one that both parties voluntarily agree to enter into together.
When mediation should be avoided
So, in what situation is mediation not recommended? In some circumstances, mediation can actually result in an unfair outcome for one of the spouses. Below is a closer look at situations where mediation should be avoided in a divorce.
Domestic violence
When there is a history of domestic violence in a marriage, mediation can result in the abused spouse receiving less than they are entitled to due to imbalanced power dynamics. If one spouse is the victim of an abusive relationship, they may consent to various agreements in divorce out of fear of retaliation. It is essential to hire legal representation to handle divorces where domestic violence or abuse is present.
Lack of transparency between spouses
To divide assets fairly in a divorce, couples must submit financial disclosures showing their assets, debts, and properties. If a spouse is hiding assets or not being transparent about their true value, then mediation will not be sufficient to ensure all property is accounted for and divided evenly. Mediation is designed to foster openness between couples, and when spouses are not forthcoming, it renders the process ineffective.
Conflict and an unwillingness to compromise
While it is not uncommon for conflict to arise during a divorce, some divorces are more contentious than others. When there is high conflict and one or both parties are unwilling to compromise, mediation is not likely to be productiv,e as it is designed to help couples meet in the middle to reach an agreement. In these situations, it is better to resolve the conflicts through other more effective means.
Complex Financial Situations
Complex financial situations can create challenges during divorce and mediation. High-net-worth couples or those with disparate incomes may present unique challenges that may be beyond mediation’s ability to fairly resolve the issue. An experienced divorce attorney can provide guidance on the most effective way to proceed in these situations.
Other methods that can be used to resolve divorce disputes
When mediation is not a viable option for divorcing couples, a family law attorney may suggest other alternative dispute resolution methods. They will help you identify which methods may be most suited to your specific circumstances. Some common options your lawyer may suggest may include:
- Arbitration: Arbitration can be beneficial for complex divorces that require more structure or need a decision made on their behalf by an arbitrator.
- Collaborative divorce: For couples who are willing to work together to reach an agreement, collaborative divorce can provide the greatest control over the outcome and limit court involvement.
- Litigation: Divorce litigation may be necessary in situations where couples cannot reach an agreement through other means or when exigent circumstances are involved. A judge will hear both sides and issue a decision.
Regardless of which approach is used in your divorce proceedings, your lawyer will ensure you are protected, treated fairly, and that your divorce is resolved as swiftly as possible.
Get trusted legal guidance from Coover Law Firm
Coover Law Firm is committed to protecting you and your interests in a divorce. We assess your situation and help you determine what other dispute resolution methods may be better suited to your case when divorce mediation may not be suitable. Our team of divorce lawyers ensures you are treated fairly and receive what you are entitled to in the divorce. To learn more about your options, contact us online or call our offices at (410) 553-5042 to schedule an appointment.
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