For many divorcing couples, mediation offers a confidential, informal, and less costly alternative to litigation. The process of mediation involves a neutral party, the mediator, facilitating negotiation of financial and children issues. Mediation is a process based on communication, trust, and a willingness to compromise. So, why would it not be the right choice for your divorce?
- If a spouse is manipulative or abusive. If there has been domestic violence in the relationship, whether verbal or physical, one or both spouses may not feel comfortable in a mediation setting. There might be too great a chance of a spouse repeating the abusive behavior, and the power dynamic of the marriage might persist in the mediation session.
- If spouses distrust one another. For mediation to work, there has to be a certain level of trust between the spouses. If one spouse has been lied to in the marriage or thinks that the other spouse has spent marital money inappropriately or hidden assets, the lack of trust might stall mediation efforts. Mediation requires spouses to identify and negotiate marital issues in good faith.
- If a spouse refuses to cooperate. A mediator cannot order either spouse to do anything. Both spouses might agree to the mediation process at first, only to have one spouse stall the process by continuously canceling appointments or not gathering information as needed. These delay tactics can easily derail mediation, which depends on a mutual commitment.
Remember, mediation requires open communication and a willingness to negotiate and compromise. It can be a powerful process to resolve many issues that, at the beginning of the divorce, seem almost impossible. That said, its success depends wholly upon the commitment of both spouses to the process.
At Financial Solutions for Divorce, we help clients before and after the divorce decree understand their financial options and make the choices that best ensure the security of their financial futures. Visit our website or call 502-657-6081 to learn more about how Financial Solutions for Divorce can help you (or your client) survive divorce financially.