We often recommend trying to work out your divorce settlement through alternative dispute resolution methods, like mediation, supported by our attorneys. Mediation gives you more control over the outcome of the process and usually saves you a lot of time and money. However, there are some situations in which our Frisco divorce attorneys believe divorce mediation may be ineffective.
Let’s explore a few common scenarios in which mediation is not the best option for a positive divorce outcome.
Avoid mediation if you are in a domestic violence situation
If your spouse has a history of domestic violence or abuse, mediation can actually be detrimental to the divorce process and damaging to your well-being. Abusers are manipulative and may use the less-formal setting of mediation sessions to intimidate you, delay the divorce proceedings, or gain knowledge about your whereabouts to stalk or harass you.
Abusive relationships have a distinct power imbalance, which does not lend itself to the collaborative nature of mediation. As the abused party, you may be unsure how to advocate for yourself and negotiate a fair solution, even with the support of your divorce lawyer, which can make the mediation session ineffective.
Mediation may be ineffective if one party has mental health or addiction issues
If one party is struggling with substance abuse and addiction, they may be unable to participate in good-faith negotiations. Negotiations for a divorce settlement may have to take a backseat to the addicted spouse’s participation in rehabilitation or therapy.
Likewise, other serious mental health conditions may render someone unable to properly advocate for themselves in mediation. Their ability to make decisions could be compromised. In these situations, our divorce attorneys may advise the case be monitored by the court to ensure that no later accusations of manipulation come back on you.
Unwillingness to compromise
For one reason or another, some divorcing spouses refuse to compromise with the other party. Maybe they’re unwilling to accept that the divorce is proceeding (in Texas, the respondent in a divorce petition does not have to agree to the divorce; it can proceed with just the wish of the petitioning spouse). Or, maybe your spouse is so angry at you that they want to bring the matter before the judge, thinking that they will “win” everything in the divorce.
Mediation requires both parties to be willing to compromise and find a middle ground. When one person refuses to, there’s no point in continuing pointless negotiations.
High-conflict relationships
High-conflict divorce, bitter feelings, and a complete communication breakdown make it difficult for divorcing spouses to focus on the practical matters that can be resolved in mediation. When you’re so angry at your ex that you can’t focus on resolving child custody, alimony, or property division, the mediation session could end with nothing accomplished.
Or, maybe you’re willing to put your hurt aside and work toward a reasonable divorce degree with your ex, but they refuse to agree to anything you propose, simply because it’s coming from you. Excessive conflict typically renders mediation ineffective in resolving the underlying issues.
If you can’t agree to a divorce settlement, or if you can agree to most of it but have a sticking point on one issue, court intervention may be required to resolve that matter.
Protect your interests in divorce mediation — Get independent legal guidance today
Independent legal representation in divorce can help prevent a loss in mediation. We’re ready to help. Contact Albin Oldner Law at (214) 423-5100 today for a professional consultation with out family law attorneys.
