When Is Divorce Mediation Not Recommended?

Divorce mediation is an amicable way to get divorced. It involves two spouses resolving disputes by communicating and compromising with each other outside of court. However, mediation is not for everyone. There are several significant red flags that, if present in a relationship, mean that mediation is most likely not recommended.

Power Imbalance

A significant power imbalance between the two parties can make a fair compromise impossible to reach. The party that does not have the power may get steamrolled during settlement negotiations, meaning his or her desires may be overrun by the other spouse. If one spouse controls the finances or has significantly more money, for example, he or she can use this to pressure the other spouse during mediation.

High-Conflict Situation

Divorce mediation will only work if the parties involved can communicate with each other and come to an agreement on all the key terms of the divorce, such as property division, child custody and spousal maintenance. In a high-conflict situation, agreement is typically not possible.

If you and your spouse are dealing with an inability to cooperate, communicate or compromise, mediation is unlikely to be successful. If one spouse does not want to get divorced, is unwilling to negotiate, or cannot be trusted to be honest or transparent, information cannot freely be shared during mediation. In these cases, discussions during mediation generally will not foster agreements.

Domestic Violence or Abuse

Mediation is not recommended in cases involving domestic violence or abuse. This is a dangerous type of power imbalance that can lead to failed mediation at best and physical harm at worst. No victim of domestic violence should ever be put in a situation where he or she has to negotiate with his or her abuser. Safety should always be the top priority in a divorce case.

Mental Health Conditions

Anything that could interfere with an individual’s ability to participate in a fair and rational discussion may compromise divorce mediation. This includes certain medical conditions, such as severe mental health problems. Substance abuse could also interfere with effective mediation by altering the individual’s ability to negotiate rationally.

Legally Complex Case

Some divorce cases in California are simply too complex to be properly handled via mediation. They may require the assistance of third parties, such as advisors, attorneys, accountants and a judge. If a divorce case involves high-value or complex assets, hidden assets, complicated financial situations, intricate investments, business ownership, or legal disputes, it may go beyond the scope of mediation.

The Role of an Attorney in Divorce Mediation

To find out if divorce mediation is recommended in your specific situation, contact an attorney at Boyd Law to request a free consultation. An experienced divorce lawyer in Los Angeles will review your case and circumstances to determine the right way forward for you and your family. 

If mediation is a suitable option, your lawyer can represent you during meetings with your ex-spouse and his or her attorney to ensure the protection of your interests. Your lawyer can help facilitate compromises and conflict resolutions for successful mediation.

If your attorney does not recommend mediation, he or she may represent you during arbitration or divorce litigation at trial instead. Your attorney can advocate for your rights and interests in any legal setting to help you achieve a fair divorce resolution.