In previous blogs, we have discussed how mediation is a great alternative for couples who are seeking a more amicable divorce process. However, we did not cover if mediation is a viable option for all couples or not. In fact, there are certain circumstances in which mediation is more suitable than others. Before officially deciding to move forward with the mediation process, you should consider if it is right for you and your divorce case.
Best Circumstances For Mediation
If you are thinking that mediation is a plausible choice for you, make sure that you and your partner have the ability to engage in the negotiation process. The following are circumstances in which mediation will serve as a great alternative to traditional litigation.
Divorce Was Agreed Upon
If you and your partner came to the conclusion that you should file for a divorce together, then it is likely that you will be able to get on the same page. If the divorce is an unexpected announcement for either party, then coming together amicably may be more challenging.
Communication Is Possible
Can you and your spouse communicate honestly, even with a divorce on the table? If the answer to this question is yes, then mediation may be possible. Without open communication, the mediation process cannot occur as it should. It is important to note that mediators and your attorney will assist you in communicating with your ex-spouse.
Mediation Is Not For All
Just as there are circumstances that are optimal for mediation, there are also situations in which it is not possible. Keep these in mind when you are trying to determine the best course of action for your divorce.
One Spouse Is Violent
When in a dangerous situation, mediation is not a safe alternative for any individual. You will have to interact with your spouse on a regular basis, which may put you in a situation that poses threats to your mental or physical well-being. If you have experienced domestic violence or abuse from your spouse at any point, mediation will not provide you with the safety and stability you need.
One Spouse Is Difficult
Another circumstance in which mediation is not plausible is when one spouse is immovable in their opinions of the divorce. In other words, if they cannot come to terms with negotiation or compromise, mediating will be near impossible. In these situations, it might be more beneficial to go directly to court.
Attorneys That Understand Mediation
In order to find out if you and your divorce case could go through the mediation process, you will need the assistance of attorneys that understand the process. The team at Eiges & Orgel, PLLC understands the value of mediation, but also that not every couple is able to negotiate. Give our attorneys a call at (347) 848-1850 for consultation scheduling.