As one of the most common approaches to divorce, mediation offers the possibility of reduced stress, a minimal time commitment, and considerable savings. It’s not right for everybody, however. Some spouses desperately need the assertive legal advocacy that can only be achieved in a litigated divorce. Litigation is especially worth pursuing in the following situations:
Lack of Good Faith
Mediation works best when both spouses acknowledge that, despite their differences, they ultimately want the best for each other. There is no room for vengeance or ill will.
If your spouse is determined to punish you, your efforts to seek a mutually-beneficial agreement via mediation could be in vain. Think twice about mediation if your spouse has a history of vengeful, narcissistic, or drama-seeking behavior. Even a skilled mediator will struggle to overcome these obstacles.
If you or your children have been abused by your ex, mediation could prove disastrous. Typically, relationships involving domestic abuse hold an inherent imbalance of power, with the person in the lesser position often making unacceptable sacrifices in the name of conciliation.
As the abused spouse, you may be terrified to say anything that might upset your ex. In such situations, it’s all but impossible to establish a level playing field. An attorney, however, can help you stand up for yourself without making unfair compromises. Likewise, if your goal is, above all else, to minimize your spouse’s parenting time, the right attorney can fight aggressively to protect your family.
Whether you ultimately choose to litigate your divorce or settle your differences through mediation, you can benefit from quality legal counsel. Look to the law firm of Barna, Guzy & Steffen, Ltd. for effective legal advocacy and a personalized approach to your divorce.