What Happens at Divorce Mediation?
Divorcing couples must make important decisions about their children, assets, and debts. Although the court must occasionally get involved, many couples come to decisions without court intervention. In some cases, they do so through mediation.
Although mediation works for some couples, it’s not right for everyone.
What happens at divorce mediation and what can go wrong during the process?
Communication Problems
Mediation requires effective communication between the parties. If they are unable to communicate effectively, the process is likely to fail.
It’s common in divorce for both parties to be entrenched in their position and refuse to budge. This makes it impossible for the mediator to bring them to a compromise. It’s also impossible for a mediator to navigate a situation where one or both parties have hidden agendas.
Power Imbalances
One of the downsides of mediation is that power imbalances can occur.
If one spouse is more assertive or dominant, they may try to dominate the mediation process and disregard the other’s needs and wishes. This imbalance can be intensified if one spouse is more financially stable or has a better understanding of the legal system than the other.
Although there are power imbalances in divorces that do not involve mediation, it’s less of a problem because the traditional divorce process is adversarial. Your attorney is on your side fighting for your rights. They assume your soon-to-be-former spouse is not on your side and they act accordingly. This ensures that any power imbalance that exists doesn’t affect the outcome of your divorce settlement.
Not in the Best Interest of Children
Even though divorce mediation is supposed to be about the children’s interests, that is not always the case.
Divorces that are emotionally charged often go off-track. Even if parents initially intend to put their children first, they get caught up in the negotiations. Hard feelings can develop during the process and unfortunately, children are often the victims in these situations.
Working with an attorney means there is always someone 100 percent focused on your well-being and the well-being of your children.
It Can Take Longer Than Expected
Even though mediation is touted as a quicker process than court, it is also possible to extend longer than expected. Many couples find that what they thought would be quick and easy because mediation ends up being an arduous (and expensive!) process.
Pursuing traditional divorce negotiations means your attorney can focus on the most efficient way to protect your rights. They’ll work on your behalf to get the best outcome and they’ll recognize when your spouse is extending the process longer than needed.
Divorce mediation can be a useful way for couples to resolve their differences without going to court. However, it is also significant to remember that the process has its limitations and drawbacks that can lead to negative results.
If you want to know more about what happens at divorce mediation or if you’re ready to hire an attorney to help with your divorce, we can help. Contact the Law Offices of Robert Geller at (813) 405-1509 today.
