When Should I Not Pursue Mediated Divorce?

You often hear about the financial benefits and lack of antagonistic encounters involved in divorce mediation. While these qualities are unquestionably advantageous, not all situations are suitable for mediation.

Before considering mediation as an alternative approach, you should look into the nature of your divorce. That, along with several characteristics in your relationship, makes mediation a wrong option.

An Overbearing Spouse

Mediation is a constructive, give-and-take process. When one spouse dominates the other, the former is unlikely to make compromises. On the other hand, the process will make the less dominant spouse re-experience all the reasons they wanted divorce to begin with, without reaching any reasonable resolution.

Domestic Violence

A domineering partner is one thing, a violent one is another. Domestic violence is an extreme case of domination, wherein the other partner is subjected to different forms of abuse. In this kind of relationship, mediated divorce can further victimize the abused spouse, rather than provide a fair settlement.

Possibility of Hidden Assets

In mediation, a neutral third party, called the mediator, helps the divorcing couple navigate through the process until they reach a settlement. Unlike in litigation, your divorce attorney will not have to uncover and present evidence, meaning they will not have to conduct investigation or asset tracing. In the case of undisclosed assets, one spouse does not get a fair ending.

Substance Abuse

Reaching a settlement requires level-headed, rational communication. Naturally, if one spouse suffers from drug or alcoholic abuse, they are unable to engage in analytical thinking and constructive verbal exchanges.

If you have any of the issues mentioned above, divorce may be necessary to settle matters regarding the division of debts and property, child custody, and spousal support. Before you jump to any decision regarding your divorce, consult with us and discuss your situation with our family lawyer Gordon L. Shayne, devoted to family law and divorce cases throughout the State of Colorado with an extensive background in courtroom litigation. Contact us for a consultation today.

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