When is mediation not advisable?

On Behalf of | Jun 12, 2019 | Mediation |

Many couples in New Jersey look to mediation for a simplified divorce process. While this is a very effective option for some people, for others it may not be as beneficial. If you’re considering mediation, Lifehacker offers a few examples of when traditional divorce might be the preferred choice. 

People who’ve been subjected to abuse in their marriages should definitely not pursue mediation. This process requires both parties to work together to come to a solid agreement on things like child custody, support, and property division. With abuse, it’s not in the best interest of the abused spouse do look at things from an abuser’s perspective. There may also be concerns about the safety of any kids involved, which require a judge’s input to ensure they remain the focus of any custody proceedings. 

Other marital issues can also complicate mediation. For instance, when infidelity is an issue in a marriage it can also be difficult for couples to see eye to eye. The aggrieved party may behave spitefully or refuse to make concessions due to their resentment over what occurred. In this case, the process may be prolonged while both people attempt to come to an agreement on important issues. Mediation tends to be lengthy under regular circumstances and can become even more protracted in this case. 

Some people are also uncomfortable advocating for themselves in front of their former spouse. This can lead to poor decision-making when it comes to major issues, which can cause problems financially or even get in the way of developing a strong bond with your child. Whether you go with mediation or opt for a traditional divorce, it’s crucial that you have an attorney’s assistance. Your legal team will help you make the best decisions regarding practical matters.