Divorce mediation is not for everyone and there are some circumstances where it should be avoided. In fact, divorce mediation should not be sought if one spouse or partner is in an abusive relationship with the other. Mediation assumes mutual respect between both parties, and this can rarely occur in such situations. It is always best to seek the legal advice of a divorce lawyer from The Harris Firm, LLC, to understand whether divorce mediation is a viable option in your case.
Mediation may not be suitable if there are significant power imbalances between the spouses. This is because negotiating in such an environment would be difficult, and there may be a risk of manipulation or coercion, making it hard for both parties to reach an agreement. Divorce mediation is also not appropriate if one party is seeking revenge on the other. Mediation involves compromise and collaboration, which can prove difficult when anger and resentment are involved.
Here are the main reasons for you to not consider divorce mediation:
If one spouse or partner is in an abusive relationship with the other
If you or your partner are in an abusive relationship, divorce mediation is not suitable for the situation. Negotiation under such conditions will be difficult and might even put one person at risk of further harm.
If there are significant power imbalances between the spouses
Mediation requires both parties to have equal standing when it comes to negotiating a settlement. If there is significantly more power held by one party, the other can easily be taken advantage of during negotiations.
If one party is seeking revenge on the other
Mediation involves compromise and collaboration, which can prove difficult when anger and resentment are involved. In this situation, a neutral third-party mediator would not be able to help in facilitating an agreement.
If either party is not willing to compromise or negotiate
Negotiation and compromise are essential components of mediation, so it’s important for both parties to be on board with working together. If one person is unwilling to make any concessions, then mediating a divorce settlement will likely not be possible.
If either party is not open to a fair agreement
Mediators are there to help both parties reach an agreement that is equitable and just. If you or your partner have unreasonable demands, it might be best to go to court instead in order to get the outcome you are looking for.