Divorce mediation is an excellent alternative to litigation. People who successfully mediate can preserve their privacy and set terms that truly work for their families. Spouses can potentially divorce more quickly and with less expense than they might incur litigating their various divorce disagreements.
While mediation can be valuable when it is successful, it can be very frustrating when it doesn’t go the way people hope. Mediation isn’t always the best option available for those preparing for divorce. The three signs below could all potentially be indicators that it may be time to walk away from the mediation table and move forward with litigation instead.
Abusive conduct
Some people cannot hide their anger or control their conduct during divorce mediation. They use loaded language and leading questions to cause emotional distress to the other person. They may attempt to manipulate the mediator and the other parties present for the session. In scenarios where the mediation has become abusive and emotionally triggering, spouses may have to acknowledge that they cannot work cooperatively and may need to proceed to litigation.
Terms that deviate from legal standards
If spouses litigate property division matters, the courts try to find an equitable or fair solution for splitting up property and financial obligations. Those in divorce mediation should use the equitable distribution standard as the baseline for their negotiations. In situations where one spouse insists on terms that are clearly unfair to the other, it may be necessary to take the matter to family court. People should not accept unfair property division terms just to avoid conflict. The assets allocated to each spouse during the divorce process create the financial foundation for their future.
Worries about financial misconduct
There is no formal discovery process during mediation. Instead, spouses rely on one another to be forthcoming and honest. Some people take advantage of the lack of disclosure requirements during mediation by misrepresenting their circumstances and hiding assets. They can then manipulate the outcome of the mediation process in their favor. When one spouse has reason to believe that the other has undervalued assets or intentionally misrepresented the extent of their personal holdings, they may want to end the mediation session and move on to litigation, where formal disclosure is mandatory.
Approaching divorce mediation in good faith is important. So is recognizing that compromising might put one party at a disadvantage. People who can recognize when mediation has stalled out or might lead to an unfair outcome have the option of walking away and moving forward with litigation instead.