After coming to the decision to end your marriage, you have a myriad of other choices to make. This includes whether you will follow a traditional path for the divorce itself or if you will try a non-traditional route such as mediation.
Unfortunately, though mediation has plenty of benefits, it does not suit every family or every situation in a perfect way. So how do you tell if it will work out for you?
Lacking baseline communication
Family Education discusses the situations in which mediation may not work out. First and perhaps the most obvious, it will likely not work out if you and your spouse do not speak currently. Mediation relies on a baseline of communication in order to work. In other words, while you do not need to be the best of friends, you must have the ability to speak with one another civilly and hear each other out.
You also will not gain much if you cannot open up to each other in mediation. On top of that, mediators do not have the same training as therapists, so they may not successfully facilitate healthy conversations between arguing couples.
Do you know your spouse’s assets?
If you do not know your spouse’s assets, this might also not work for you. Mediators do not have the legal authority to compel a spouse to reveal their assets as a judge does. In short, a spouse can hide assets without having to give them up in this path.
Finally, if you want attorney-client privilege, you cannot go for mediation. In other words, if you have information you do not want leaked to your spouse, a mediator cannot protect your secrets and has no legal obligation to, unlike an attorney.
