Today, Mediate Don’t Litigate provides the flipside to last month’s blog article with a discussion of why divorce mediation might not be right for you. We understand that the divorce process can be a stressful experience for both parties. For some couples, mediation can be the most cost-effective and diplomatic solution. We have already talked about some of the factors required to be considered good candidates for mediation, here is the second half of the list, signs this might not be the best path for your divorce.
There is No Desire to Reconcile
If one spouse still has hopes to reconcile and rebuild the relationship or harbors too many emotions to move forward with a divorce, they may not be ready to participate in productive mediation. Mediation is only useful when both parties have truly accepted the reality of separation and are content to move forward with working on a settlement.
One Spouse Blames the Other
When one spouse blames the other for the destruction of the relationship, divorce mediation might not be right for you. If one spouse feels they are owed compensation in return for some wrongdoing by the other spouse, then litigation may be in your future. If pushed to participate in mediation they will likely be reluctant to compromise and undermine the process in order to get more out of the settlement.
There Have Been Significant Lies
Marriages that involve one spouse lying to the other about serious issues such as affairs, addictions or their shared finances are often unsuitable for divorce mediation. When one spouse cannot trust the other, it can be challenging to come to a resolution that is satisfactory for both parties.
You Are Intimidated by Your Spouse
Mediation requires each partner to voice their own opinions and negotiate their intended outcome. If one partner is easily intimidated by the other, mediation may be one-sided and ineffective. A neutral third party mediation professional will be present to assist both partners in forming an agreement, but each spouse must be confident in stating their mediation goals and discussing their needs and desires.
There are Issues with Alcohol or Drug Abuse
Alcohol or drug abuse can hinder mediation, due to the impact it has on the thought process and one’s behavior. The terms laid out in mediation should only be agreed upon by two clear-thinking parties who will follow through and carry out all decisions in the future. If addiction is an issue for one or both sides, divorce mediation might not be right for you.
For thousands of separating couples, mediation is the best way to peacefully tie up loose ends and allow both spouses to move on with their lives. However, if you feel that divorce mediation might not be right for you, please get in touch with Mediate Don’t Litigate in Denver before making your final decision. We can talk through your concerns and help you make the right choice for your unique circumstance. Even in more contentious divorces, we can still help resolve common issues.
Contact us today for more information on our services or to schedule a mediation session.