Numerous Massachusetts residents who are looking to end their marriages do not want to go to court. Divorce mediation may be a good fit for some couples and will allow them to keep their cases from going to trial, but it may not work out so well for others. How can one know if mediation is not the right choice?
A recently released article discussed six specific things that would disqualify a couple from utilizing divorce mediation — a few of which will be discussed here. The first item on the list was domestic violence. When one spouse is physically, emotionally or financially abusive, that individual may use that to get what he or she wants in mediation. This would leave the victim with an unfair divorce settlement. Things said in mediation could also result in the victim facing retribution of some sort, and it’s just not worth it.
The next item that will be discussed is child abuse. If one spouse claims child abuse is an issue in the household, proven or unproven, it has to be reported to the state and it can be difficult for a mediator to remain neutral. If a mediator is not able to be a neutral third-party, he or she cannot effectively handle the proceedings.
The final item that will be discussed is an unwillingness to compromise. Mediation only works if both spouses are willing to negotiate. Negotiations require a willingness to compromise. When one or both spouses are unwilling to budge on what they want out of the divorce process, then litigation will better suit their needs.
Divorce mediation can be a great fit for numerous couples in Massachusetts. It does take work, though. Those who would like more information on this topic in order to determine if mediation right for their circumstances can turn to an experienced family law attorney for guidance.