Considering Mediation For Your Divorce? 5 Signs That It Might Not Be Right For You
If you're trying to maintain control of expenses during a divorce, you may be considering mediation. In the best of circumstances, mediation can keep legal expenses down, reduce the amount of time spent in negotiations, and eliminate the need for a drawn out court battle. However, there are times when mediation is not recommended. Take a look at the list below. If any of the situations apply to you, mediation might not be in your best interest.
Abusive Relationship
If you've been the victim of abuse during your marriage, mediation might not be the best idea for you. This is particularly true if you have an order of protection against your spouse. Mediation will require you to sit in the same room with your spouse, which may be dangerous. If you're leaving an abusive relationship, be sure to provide this information to your attorney as soon as possible.
Spouse Is Intimidating
If you're afraid to speak your mind in front of your spouse – even if there was never any physical violence – you might want to reconsider mediation. During mediation, you'll need to voice your desired outcome. If you're too intimidated to speak, you might agree to terms that are not in your best interest.
Unsure of Marital Assets and Debts
Before you can enter into negotiations that will be beneficial, you must know what the marital assets and debts are. If you're unaware of the value of your assets and debts, you'll need an attorney to help you make that discovery. Before you begin any type of settlement negotiations, be sure you know all the details of the marital property.
Breakdown in Communication
Mediation can be extremely difficult if you're no longer communicating with your spouse. If you've reached a point where you are no longer able to effectively communicate with your spouse, mediation might not be in your best interest. For instance, if your attempts at communication end in anger, frustration, or emotional outbursts, you should postpone attempts at mediation.
Unsure Of What You Want
You know you want a divorce but you aren't sure what you want out of the settlement. It can be difficult to negotiate a settlement when you aren't sure what you're asking for. Before you agree to mediation, be sure you know what you're asking for. Sit down and make a realistic list of what you hope to gain from mediation.
Mediation can be an effective way to expedite the divorce process. Unfortunately, mediation isn't for everyone. If any of the examples listed above pertain to you, mediation might not be in your best interest. If you're unsure about mediation, sit down and discuss it with your divorce lawyer.
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