I am a divorce lawyer who firmly believes in utilizing a collaborative approach on divorce. My goal is to find solutions and move forward, not get stuck in the past. I am pro-peacemaker, and anti-pitbull attorney. However, sometimes you may need to hire one.
Mediation Works in Most Cases
In most cases, mediation is worth a try. Why spend more money that you have to, especially since you already by law only have HALF?
Mediation Not Appropriate In These Circumstances
Mediation may not be right in the following circumstances:
1. Domestic violence/abuse.
Self-explanatory. If there is any sort of domestic violence or abuse, or allegations of domestic violence or abuse, mediation won’t work. Mediation requires both of you to come together before a neutral mediator, and this cannot happen if one has a restraining order on the other.
2. One of You Does Not Want the Divorce and is Prepared to Fight Tooth and Nail
Where one person is using divorce as revenge, or using lawyers and court as weapons of mass destruction, mediation will not work. In cases like this, the person unwilling to accept the reality of the separation will do everything possible to stall, and fight. In cases with abuse, mediation may not be possible.
3. Hiding Assets
Where one person is hiding assets (although, in my experience, this is typically not the case. The outspouse may not have all the information ready because he/she didn’t handle the finances during the marriage, but that does not mean he/she cannot easily obtain the information. In most instances, the inspouse has shared all of the information, or is willing to share it. It’s the law).
Divorce Mediation Won’t Work