Are There Downsides to Divorce Mediation?

 Posted on November 11, 2019 in Divorce

When getting a divorce, most couples want to get the process over with as quickly and amicably as possible. This is why divorce mediation has become such a popular option today. During mediation, the two spouses sit down with a mediator and work together to come to an agreement on the terms of the divorce. The mediator does not represent either party or make any decisions; instead, he or she is simply a facilitator that encourages the couple to cooperate to resolve issues in a respectful and honest manner.

There are many advantages to mediation. A couple can complete the process much more quickly than a litigated divorce that means significant savings as well; however, there are also some potential drawbacks to mediation. Before deciding to enter into the mediation process, you should be aware of these limitations.

The Difficulty of Finding Assets

During a litigated divorce, your attorney has a number of means to determine the full extent and value of your marital assets. During the discovery phase, depositions, subpoenas or other methods may be used to obtain information from your spouse, and questions asked under oath must be answered honestly. This can ensure that all marital property will be discovered, and this process will reduce the possibility that your spouse will attempt to hide any assets from you. During mediation, these resources are not at your disposal. If your spouse is hiding any assets, you will be unlikely to uncover this information during mediation.

Mediation May Not Be Effective

Although court proceedings are long, they do have one benefit. A judge will ensure that both sides get to have their say in the proceedings. This is not always the case with mediation. If one spouse is overly aggressive, and the other spouse is quite timid, mediation might not work. If you are unable to reach a settlement through mediation, you may have to go through litigation anyway, which is what you were hoping to avoid. If your spouse is combative or uncooperative during mediation, this can actually make the entire divorce less efficient and more costly.

Some cases simply are not fit for mediation, because the chances of a couple being able to reach an agreement are slim. If a case involves domestic violence, divorce mediation will typically not be helpful.

Contact a Skilled Inverness Divorce Mediation Attorney Today for Help

If you are considering divorce and want to learn more about your options, call skilled Rolling Meadows divorce lawyer Nicholas W. Richardson. He can explain the many types of divorce you can pursue and advise you about which one may be right for your situation. Call our office today at 847.873.6741 to schedule your free consultation.

Resources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51