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Divorce: When mediation is off the table

On Behalf of | May 10, 2022 | Divorce |

Mediation is a cheaper and faster way of handling a divorce without involving the courts. However, it does not work for all cases. In such instances, a contested divorce is the only way out.

Here are some possible scenarios where mediation might not be the best way of going about your divorce.

If there is domestic violence in the marriage

Mediation is a voluntary process, and both parties must have free will and the ability to make their own decisions without undue pressure or coercion. It may not be possible if one party is violent or abusive towards the other since mediation won’t thrive in such a hostile environment.

Irreconcilable differences

If the parties to the divorce do not see eye to eye due to irreconcilable differences, mediation may not work out. At a point in time, the divorcees will need to engage with each other, directly or indirectly, and make some concessions when finding common ground.

If emotions are too high, and the parties can’t even stand each other, it might be impossible to make headway in the mediation process.

Substance abuse or mental disability

If either party does not have the legal capacity to make independent decisions, mediation will not work out. This may be caused by substance abuse or mental issues, which may prevent their ability to understand, negotiate and agree to the terms of the mediation process.

Making the best choice

The most important thing is that you protect your legal rights throughout the divorce proceedings. If mediation works, well and good. However, if mediation is not a viable option or mediation talks break down, you may have to go through the court.

It is advisable to be well prepared and learn more about a contested divorce to have things go your way at the end of it all.

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