Mediation Is Not Always the Best Path

 Posted on April 29, 2016 in Mediation

A litigated divorce can be extremely stressful, time-consuming, and, in many cases, rather expensive. As an alternative, many couples are able to reach a reasonable divorce agreement through the process of mediation, meeting with a third party facilitator to work out their differences on the all of the pertinent issues. While it can be a very useful tool, there are certain situations in which mediation may not be appropriate. In these cases, litigation may provide the only option for an equitable divorce settlement.

Potentially Less Accountability

Mediation is, at its core, a negotiation process, which means that the parties often begin at extreme opposite ends of a particular issue and work their way toward compromise somewhere in the middle. Complex divorce cases—especially those involving one or both spouses with high net-worth—typically require complicated evaluations of business interests and real estate holdings. These evaluations may be artificially inflated in a mediated divorce case, with the implication that they are merely a starting point for the negotiation. This can be dangerous if one party lacks the appropriate knowledge to properly challenge the valuation or does not have the opportunity to cross-examine the expert who prepared it.

Manipulative Behavior

It is a sad reality that many individuals have a tendency to get their way by emotionally and psychologically manipulating their spouses, if not through physical intimidation. Such a situation effectively renders mediation useless, as the disadvantaged party may be likely to defer inappropriately to the manipulative spouse, giving him or her undue leverage in negotiations. If there is any indication of abuse or controlling behavior, it is best to let a judge determine the outcome of the divorce.

Hidden Assets and Deception

The effectiveness of mediation is completely reliant on full disclosure and accountability by each party. In many cases, however, one or both spouses have demonstrated throughout the course of the marriage that they are willing to keep information from one another. When that carries over into the divorce process, it often manifests in the form of hidden assets, false allegations, or unreasonable demands. These concerns can be impossible to overcome in mediation, and litigation may be your only alternative.

Mediation and Litigation Assistance

At A. Traub & Associates, we understand the potential value of mediation in divorce, but we also realize that such an approach is not always possible. We are equipped to assist you both in mediation and in courtroom litigation. To learn more, contact an experienced Lombard divorce attorney today and schedule a confidential consultation. Our team is ready and willing to help you secure the happier future you deserve.

Sources:

http://www.forbes.com/sites/jefflanders/2012/12/11/financial-strategies-for-divorcing-a-narcissist/

http://www.fa-mag.com/news/dealing-with-divorce-21650.html