For many, mediation is an excellent solution to separation that avoids a litigated divorce. It can alleviate the financial and emotional burden of a trial, and while there are clear benefits, not every couple is a good candidate.
Here are three times mediation alone may not be the best path for your relationship.
You have a contentious relationship
If you or your spouse enter mediation with the goal of revenge or retaliation, the process will most likely fail. Mediation works best when both parties have accepted the need for separation and have a civil relationship.
There was domestic abuse
If a partner was previously violent, there could be a potential safety risk. Unlike the courtroom where there is a judge with the legal ability to intervene and security, mediation takes place in private offices where the only other person besides the spouses is a mediator. Additionally, when there has been abuse, a line has been crossed, which makes it difficult to find an agreement.
You or your partner don’t want to settle in mediation
We know that you may not agree on everything. We understand that conflict is inevitable, and having that when you enter mediation is acceptable because a mediator’s job is to help resolve disputes. However, if either spouse is not looking to settle in mediation, you will be wasting time and money by going through the process.
We’re Here to Help
While each state varies in its laws, Colorado requires every family law or divorce dispute to go through mediation. In many cases, this is successful enough and can end the marriage without litigation. Mediation may not be for everyone, in which case, we suggest arbitration— a middle ground between mediation and going to court. At Peak Mediation, our attorney-mediators are here to help find solutions even amid the most challenging or difficult circumstances.
If you have any questions concerning mediation, call our Colorado Springs office at (719) 259-5944 or contact us online today!