Aharonov & Revy Family Law, LLP Aharonov & Revy Family Law, LLP

Divorce mediation may not work in a couple of cases

In some cases, repairing a marriage is simply impossible in California. The question that arises in this situation is how difficult it will be for the couple to get a divorce -- to untangle their lives from a financial and legal standpoint. In some cases, divorce mediation can be extremely helpful, but it may not be enough in all cases.

Divorce mediation is an alternative to traditional divorce litigation that is known for being more amicable and less stressful and costly. During this process, the two spouses work toward producing an agreement that both parties approve of, with the help of a neutral third party known as the mediator. However, mediation does not work in a couple of cases.

First, mediation may not be successful if one of the spouses is okay with the other spouse not being okay. With mediation, it is important that both parties are okay with trying to achieve a mutually beneficial settlement. This requires that both spouses are willing to listen to each other's viewpoint, even if they do not necessarily agree with it.

Another situation in which mediation may not necessarily work is if a spouse is unwilling to accept the other party's idea of reality. Both spouses may have their own version of events regarding the divorce, and respecting that is critical. Otherwise, one spouse may never regard the other person's viewpoint, which means finding common ground during mediation may not be possible. Whether a couple is choosing to try mediation or simply proceed to trial, an attorney in California can help to make sure that one's rights are protected and best wishes are regarded during this type of family law proceeding.

Source: lifehacker.com, "8 Signs You Should Skip Mediation and Head Straight for the Divorce Lawyer", Leigh Anderson, Aug. 11, 2017

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