What Causes Divorce Mediation to Go Wrong?

 Posted on February 15, 2023 in Divorce

Divorce mediation can be a highly beneficial process for couples looking to dissolve their marriage amicably and efficiently. Mediation offers a cost-effective and time-efficient alternative to the traditional court system, which makes it an appealing option for many couples going through a divorce. However, while it is true that divorce mediation comes with many benefits, the process can go wrong in certain situations.

Today, we are going to discuss certain situations that can occur that may impede the mediation process. If you and your spouse are looking to end your marriage, consider contacting an experienced divorce attorney to help guide you through the process while ensuring your rights and best interests remain adamantly defended and advocated for.

What Factors Can Cause Divorce Mediation to Go Wrong?

As stated previously, divorce mediation is an excellent option for many people. But, like anything else, things do not always go according to plan. Below are several factors which can hinder the divorce mediation process:

• Lack of commitment – One of the most significant reasons that divorce mediation can fail is a lack of commitment by one or both parties to the process. If one or both parties are not fully invested in the process, they may not be willing to make the necessary compromises and work towards a resolution. Without a commitment to mediation, it is unlikely the process will be successful.
• Power imbalances – When one party has more power or control in the relationship, it can lead to an imbalance in the mediation process. For example, the power dynamic can lead to an unfair distribution of assets, a lack of compromise, or an inability to reach an agreement. Mediators must be aware of these imbalances and work to ensure that both parties have equal say and influence in the process.
• Emotional conflict – Divorce is a highly emotional process, and emotions can run high during mediation. When emotions are not properly managed, it can lead to communication breakdowns and an inability to compromise. Therefore, mediators must be trained to recognize and address emotional conflict so that parties can move toward a resolution.
• Lack of trust – If there is a lack of trust between the parties, reaching an agreement in mediation can be challenging. Parties may not be willing to disclose all relevant information, or they may not believe that the other party is negotiating in good faith. Mediators must work to establish trust between the parties to ensure that negotiations are productive.
• Complexity of issues – Some divorce cases involve complex financial, legal, or emotional issues. When these issues are not adequately addressed, they can cause the mediation process to break down. Mediators must be prepared to handle complex problems and have the necessary knowledge and skills to facilitate a resolution.

Contact a Rolling Meadows Divorce Attorney

While divorce can be emotionally strenuous, having an astute attorney guide you through the process can make the process less grueling. Contact the knowledgeable Arlington Heights divorce lawyers with Law Offices of Donald J. Cosley. Call 847-253-3100 for a free consultation.

Source: https://www.forbes.com/advisor/legal/divorce/divorce-mediation/