Is mediation right for you?

On Behalf of | Oct 7, 2020 | Property Division |

It was difficult to acknowledge that divorce was the right decision for you and your spouse, but now you must decide if mediation is the most favorable choice for the two of you. Would you be better off with traditional divorce or another alternative dispute resolution? 

Family Education explores the signs that mediation may not be right for a marital split. Learn where and how to focus your energy. 

The value of assets

Do you suspect that your spouse may have assets you do not know about? If so, you may be better off with a forensic accountant rather than a mediator. A mediator does not have the power to force a spouse to reveal a hidden business, pension plan or retirement plan the way a judge does. Even if your spouse refuses to cooperate, a judge can penalize your husband or wife. 

The bullying spouse

Is there a chance that your spouse may try to intimidate you during your mediation sessions? If so, the mediator could lack the skills to infuse peace into your talks, turning your mediation into bullying sessions. If this rings true for you, share this information with the mediator whom you want to preside over your case. Otherwise, you may want to forego this alternative dispute resolution process and go with a standard divorce. 

The noncommunicative spouses

Perhaps you and your current partner no longer communicate the way you used to. Mediation sessions make for a poor space to rediscover and reopen the lines of communication. Mediators are not therapists, so they may be clueless on how to get spouses to talk to each other and work out the details of their marital split.