Mediation offers an opportunity for divorcing couples to reach a mutually-agreed settlement without having to navigate courtroom litigation. Mediation is often recommended as a solution for couples able to communicate with mutual respect and understanding. There are some situations when mediation is not the best solution.
There are a few signs that litigation might be the best path for your divorce.
Is your divorce complex?
A divorce case with high-value assets, a business or even complex tax and investment considerations could benefit from litigation. In those instances, legal support and litigation help ensure a fair, legally enforceable settlement.
Do you suspect a lack of good faith?
Mediation is only successful when both of you are honest, open and willing to compromise. If you suspect your spouse is showing a lack of good faith and is unwilling to negotiate, mediation may not work. Those situations benefit from the intervention of a judge.
Are there strong ideological differences?
Compromise is possible with many types of disagreements, but significant ideological differences often lead to unresolvable conflict. In those cases, the court is valuable. Litigating a contentious divorce ensures settlement of all disagreements, distribution of assets and reasonable accommodations where necessary. Your attorney may advise that litigation is ideal if you and your spouse cannot find common ground.
Many people recommend mediation for a less stressful divorce. It offers an avenue for resolution without the challenge of court. Some cases benefit from legal intervention instead, and you should recognize those signs. If any of these situations apply, consider litigation over mediation for your divorce.