When Is Divorce Mediation Not Recommended?

Here are a few reasons why a divorce mediation process may not be recommended for your specific situation.

What Is Divorce Mediation?

Divorce mediation is a common way to negotiate an out-of-court settlement between two parties seeking a divorce. In this process, you and your soon to be ex-spouse will hire a neutral third party mediator. The goal of mediation is to help both parties identify and resolve complicated divorce issues. It can be used to address a wide range of issues, including child support, parenting plans, division of assets and custody arrangements.

When Is Divorce Mediation Not Needed?

Several factors are needed in order to make the divorce mediation process a successful one. First, both parties should have similar financial standings, including equal earnings and assets. Second, both parties should be equally agreeable to the divorce and enter the process with an amicable relationship with each other.

If you are leaning toward the mediation process, here are a few reasons why it may not be successful.

No Help Needed

You do not have to engage in divorce mediation, especially when there are not a lot of assets and/or children involved. You may merely need the help of an attorney to put your agreement in writing at this time.

Refusal To Reveal Assets

Whether one spouse racked up a large amount of debt or struggles to hold down a job, financial problems can certainly stain a marriage. No matter the source of financial troubles, this can cause serious conflict within a marriage.

To add to this, hiding or lying about assets can make the mediation process impossible. This process requires honesty and trust from all parties.

History Of ABUSE

Abuse is the number one sign that your marriage needs to be dissolved. Abuse is never acceptable, and no individual deserves to endure it. Make sure to keep in mind abuse comes in many forms. It can be physical, emotional, or verbal.

In this case, a spouse may be traumatized merely by sitting face-to-face with his or her spouse during this process.

INABILITY TO COMPROMISE

Compromising and communicating are keys to any successful union. If your marriage happens to be one-sided, you could be in a toxic relationship.

This could unfortunately continue during a divorce mediation. It’s unreasonable to believe you will be able to communicate with each other during mediation when you are unable to do so in everyday life. Many couples enter the process too resentful or angry to make it a success.

Divorce Can’t Be Agreed Upon

It’s not uncommon for one spouse to want a divorce while the other wishes to keep the marriage intact. Spouses should never confuse divorce mediation with couples therapy.

No One Is Looking Out For Your Interests

It is not the job of the mediator to look out for your interests. Rather, the mediator is there to act as a neutral party, facilitating an agreement. A mediator is legally bound to be neutral, so he or she will be unable to advise you if an agreement is unfair to one or both sides.

It is recommended to retain a divorce attorney to advise you in the background during this mediation process.

There Are No Guarantees In Mediation

If you and your soon-to-be-ex cannot come to an agreement, you may have to start the entire process all over again via traditional divorce litigation. This essentially renders any money spent on the mediation process worthless.

Overall Cost

Hiring a private mediator that is a lawyer will cost between $250-$350 per hour, according to Thumbtack. In some cases, mediators may charge based on half-day or full-day rates. The national average cost of this process is $1,500, with a price range of $500-$8,000. Divorce mediation services will cost an average of $200 per hour, with prices going as high as $1,000 per hour.

Individuals can expect to pay anywhere from $7,000-$10,000 total for divorce mediation, according to Equitablemediation. This site also warns against hiring a cheap mediator who won’t be able to fully resolve your issues. Instead, hire a mediator based on experience.

In the end, your divorce mediation may end up costing more than a traditional divorce.

How To Find A Divorce Mediator

If you are looking for divorce mediators in Phoenix, Arizona, High Desert Family Law Group is here to help you! Our team can help with many different types of divorce including: Traditional divorce, collaborative divorce, uncontested divorce, divorce mediation and more.

We can protect and advise you regarding: Divorce and property division, child custody, child support, child visitation, marital home and real estate matters, allocation of investments, retirement savings, and pensions, personal possessions, valuables, vehicles, closely help businesses, alimony and spousal maintenance, and debt division. To find out how our divorce attorneys can help your matter, schedule your initial case evaluation today.