When You Should Consider Skipping Divorce Mediation

Divorce can induce high emotions and cause great amounts of stress, especially when couples can’t seem to find a common ground whilst dividing assets and plan for their lives post-marriage. Some couples find mediation as a solution, with a mediator acting as an impartial third party to assist in creating their post-divorce life plans. With the assistance of a mediator, couples are able to allocate assets, create agreements regarding schedules, and make living arrangements for their children, all while remaining relatively fair and cordial. 


Mediation, however, is not a one-size-fits-all solution. No marriage is the same, therefore, no divorce is the same. Some couples may benefit from forgoing mediation altogether. Here, the divorce and custody attorneys at Rodier Family Law discuss when it might be beneficial for a couple to consider skipping divorce mediation and heading straight to a divorce lawyer, as well as how it can possibly save you time and money.


Spouses Not Willing to Compromise


If either spouse is not willing to compromise or admit that their significant other isn’t “always the bad guy,” the mediation process cannot be successful. Spouses who are unable to grasp their ex’s view of reality can be so determined to “play the victim” and do anything to simply disagree or disrupt the process. Some relationships are not always what they appear to be, either. If a couple has a history of terrible communication, they may not understand how the other felt during the course of the marriage, and therefore, will cause disagreements regarding the division of assets, custody of children, and other post-divorce agreements. In these types of cases, few couples will end up settling in mediation and end up needing a divorce lawyer regardless.


A Spouse With Ulterior Motives


If a client fears that their spouse may have something to hide or may be seeking revenge through the divorce process, the chances of mediation failing are extremely high. The process will simply not work if one spouse has bad intentions or plans to use mediation to impose pain and suffering. If the opposing spouse’s demands come with unreasonably high costs, the likelihood of a successful mediation is low.


Additionally, if a spouse believes that their ex may be hiding other assets, such as large sums of money, it may be beneficial to take the case straight directly to court. Mediators are not granted the authority to deal with such large funds or request accounting of each party’s finances, so taking the case straight to a judge could help with the lack of honesty and transparency that existed in the first place.  


A Lack of Fairness & Safety


If one has endured an abusive and violent relationship, mediation will not be beneficial towards their case. Once a spouse has been violent towards the other, they lose all sense of empathy and compassion. The victim could feel unsafe in a private office during the mediation process, while in a public courtroom during a divorce proceeding, there are various options for orders of protection. With a lack of empathy and compassion, there is very little hope for a couple to come to any sense of a cordial agreement. A violent or intimidating spouse could overpower the entire negotiation, once again leaving the mediation process unsuccessful.


Seek the Assistance of a Maryland Divorce Attorney to See If Mediation Is Right For You


Mediation may have its appeal for some couples, but it is not for everyone. Mediation can be costly and time-consuming, so it is important to weigh your options and be certain that it is the right decision for you. You are not alone, and the experienced, trustworthy divorce attorneys at Rodier Family Law are determined to help you navigate your divorce and will fight to ensure you receive the proper protection and compensation. To learn more about our services or schedule a consultation, contact us today.