Many couples choose divorce mediation instead of taking their case to court. During this process, the couple meets with a neutral mediator who encourages both parties to discuss their issues and work together to reach a mutually beneficial agreement. It is much faster and cheaper to finalize the details of your divorce in mediation, but this process is not right for everyone. Here’s a look at who is cut out for divorce mediation:
Decision to Divorce
Who decided to call it quits? If both parties agreed that it was time to divorce, it will be easier for them to work together in mediation. However, if one spouse made the decision to divorce, the other spouse may not willing to take the peaceful route by attending mediation. An angry or sad spouse may have a hard time putting his feelings aside in order to engage in calm and rational negotiations during mediation.
Ready to Cooperate
Mediation will not work unless both parties are ready to cooperate and willing to compromise. If one party is refusing to budge on his demands, there may not be a point in trying mediation. Ideally, both parties should be interested in having lengthy conversations to identify the key issues and brainstorm ways to resolve them.
No Allegations of Abuse
Mediation is not ideal in cases involving allegations of abuse. Mediators find that abuse victims often agree to unfavorable settlements in mediation because they are scared or intimidated by their abusive spouse. Victims are often eager to finalize the divorce as quickly as possible, so they do not protect their best interests during the divorce proceedings. For this reason, it is best to let the courts handle these cases.
Willing to Freely Discuss Finances
The division of marital assets is a contentious issue in most divorce cases. As a result, some people hide assets to ensure they are not awarded to the other spouse in a divorce. Hiding assets is illegal, and it also complicates the divorce proceedings. Forensic accountants and other financial experts will need to investigate the party’s finances to identify all of the missing assets. Because of these complications, it’s best to let a judge, not a mediator, handle cases involving hidden assets.
If you are ending your marriage, contact Williams Law Group, LLC right away. Let our compassionate family law attorneys guide you through the divorce process and help you make the best decisions for your future. Call our office at (908) 810-1083, email us at firstname.lastname@example.org, or contact us through our confidential online form to schedule a consultation.