Three Reasons to Choose a Litigated Divorce Over Mediation

 Posted on November 07, 2016 in Mediation

For many divorcing couples, mediation provides an avenue for discussing and negotiating the terms of a divorce settlement, helping them avoid the complications of courtroom litigation. When mediation is appropriate, it can provide many benefits, including saving substantial time and money, increased participation from both parties, and a resulting divorce judgment that reflects the needs and desires of everyone involved.

While mediation can certainly be a very valuable tool for a couple in the midst of a divorce, the process is not always the best choice. In some cases, mediation may even prove to be detrimental to reaching an equitable resolution. You may want to consider litigation for your divorce if:

1. Your Spouse Does Not Want a Divorce

It is understandable that you and your spouse may not be on exactly the same page when it comes to making arrangements for your divorce, but—to continue with the metaphor—you should at least be reading the same book if mediation is going to work. If you want a divorce but your spouse does not, there is very little chance that he or she will be amenable to the negotiation process. In time, he or she may be open to the idea of mediation, but if that does not happen, litigation may be your only option.

2. Your Think Your Spouse Is Hiding Things

For mediation to be successful, you and your spouse must be completely forthcoming regarding your respective financial situations. A party who is hiding assets or revenue streams is not likely to suddenly be accountable for his or her actions because a mediator asked him or her to be. A judge, on the other hand, has substantial authority to force full financial disclosure from your spouse, making litigation all but necessary in such a situation.

3. Your Spouse Is Abusive

When domestic violence is an issue in your divorce, mediation should be all but forgotten. This is also the case for a spouse who may attempt to control the mediation process by manipulating or intimidating you. By handling your divorce through litigation, you can rely on the court to ensure that you are being treated fairly and that your rights are fully protected.

Contact an Experienced Attorney

If you are considering a divorce and have questions about the suitability of mediation for your unique circumstances, contact a knowledgeable Kane County divorce attorney. At our law firm, we understand the value of mediation but realize that, sometimes, litigation is the better choice. Call 630-232-9700 for a confidential consultation at The Law Offices of Douglas B. Warlick & Associates today.

Sources:

http://www.huffingtonpost.com/j-richard-kulerski/what-most-people-dont-kno_b_1220249.html

http://www.mediate.com/articles/vestala3.cfm