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Divorce litigation is sometimes better than mediation

On Behalf of | Mar 16, 2019 | Divorce Mediation |

If you ask most couples why they chose to settle their divorces via mediation, they’ll often give three different reasons why they did. They’re likely to tell you that they heard that mediation is far less costly than litigation. They may tell you that they expected to get a more equitable settlement or to keep drama at bay by pursuing mediation. While some may have had positive outcomes in their cases, not everyone does.

Mediation isn’t appropriate for every type of divorce. Sometimes, litigation is best.

If your ex doesn’t want to get divorced and is unwilling to participate in negotiations, then mediation isn’t likely going to work. If they aren’t willing to engage in talks simply because they fear the unknown, then they may become more comfortable with the idea of mediation simply by meeting with a Fort Myers mediator and learning about what they do.

Spouses who have a history of domestic violence may want to avoid trying to settle their divorces via mediation, especially if a husband or wife still poses a physical threat to the other.

If you suspect your ex of hiding money, then mediation may not prove to be an effective way of reaching a divorce settlement. If you find that a prospective mediator works with a forensic accountant, then it may be worth your while to see if they can sort out your finances before getting a judge involved.

Florida divorce cases that involve child abuse may be best resolved by a judge. They’ll often ask your son’s or daughter’s teachers or therapist to come in and testify about the child’s development and mental well-being. A judge will use that testimony to decide what type of custody arrangement is in the best interest of the child. Arguments in cases like this often become heated and are more appropriate for a judge to handle.

Mediation is best when used by couples who both have a goal of getting divorced yet have difficulty compromising on issues such as parenting time, alimony, child support and the division of assets. A divorce mediation attorney can help you decide if you’re ready for a new approach to resolving your differences by learning more about the difficulties that you and your ex have been having in reaching a settlement.


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