Understanding What Causes Divorce Mediation to Go Wrong and What to Do if It Does 

 Posted on April 04, 2023 in Divorce

Divorce mediation is a very popular alternative to traditional litigation, as it can save exorbitant amounts of money and emotional stress. However, mediation is only sometimes successful. Understanding the common causes of failure is essential to increase your chances of a positive outcome. Today, we will discuss the common causes of why mediation can go wrong and what can be done to salvage the situation if things do not go according to plan. Remember, a family law attorney can be instrumental in helping to ensure the mediation process is as smooth as possible.

What Causes Mediation to Go Wrong, and What Are Some Solutions? 

One of the critical reasons divorce mediation can fail is the need for preparation by one or both parties. To achieve a successful mediation, both spouses should come prepared with a clear understanding of their financial situation, assets, debts, and other relevant information. Failure to adequately prepare can lead to delays, disagreements, and, ultimately, a breakdown in the mediation process. To help ensure this does not happen, before starting mediation, ensure that you gather all necessary documentation and work with your attorney to develop a comprehensive understanding of the issues to be discussed.

The second cause for mediation to go wrong can stem from an unwillingness to compromise. Mediation is built on the foundation of compromise and finding mutually acceptable solutions. The mediation process will likely fail if one or both spouses are unwilling to compromise or have unrealistic expectations. To ensure this is not a problem, it is essential to approach mediation with an open mind and a willingness to find solutions that work for both parties. Understand that you may not get everything you want, but working together to find a fair agreement is crucial for success. 

The third cause for mediation to go wrong is because of emotional volatility. Of course, divorce is a process steeped in strong emotions, and heightened emotions can derail mediation. When emotions take over, rational decision-making can become problematic, leading to unproductive discussions and impasses. To ensure emotions are harnessed, consider seeking therapy or counseling to help manage your emotions during the divorce process. This can equip you with healthy coping mechanisms and allow you to approach mediation with a more evident, more rational mindset.

The final cause we will discuss today concerns power imbalances between spouses. There may be a significant power imbalance between the spouses, whether financial, emotional, or otherwise. This can make it difficult for the less powerful spouse to advocate for their needs and may result in an unfair agreement. Working with an experienced family law attorney who can help level the playing field and ensure that your interests are protected during mediation can make a positive difference in ensuring the power imbalance is not a major factor during the mediation process.

Contact a Parker County Family Law Attorney

Contact our Palo Pinto family law lawyer with The Law Offices of Kary L. Key for more information. Call 817-599-6969 for a private consultation.

Source: 

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