An Imbalance of Power May Pose Challenges for Mediation

Mediation is a great alternative to divorce litigation for couples that are willing to negotiate in good faith and who are willing to communicate and treat each other with respect throughout the process.

If, however, there is an imbalance of power in the relationship dynamic of the couple, mediation might not be a suitable option.

Limitations of mediation for certain couples

One of the most common reasons mediation fails is if one spouse has the upper hand for one reason or another. Perhaps the spouse has a long history of untrustworthiness or deceit, and attempts to hide assets or waste funds. In such a case, you will not be able to trust you can reach an equitable settlement, because you cannot trust your spouse is being completely truthful about all assets they involve.

In addition, a spouse who is a bully or who has previously abused the other spouse (physically or emotionally) may dominate the mediation due to the other spouse’s fear of speaking openly in session. For this reason, courts will basically rule out mediation as an option if there is a history of domestic violence or other such dangerous situations in the couple’s home life.

For mediation to work, both parties must be willing to show a little humility, compromise on certain issues and work together in good faith to resolve the issues of their divorce. Spouses who are overly combative, aggressive, unwilling to compromise or bad with communication are unlikely to find much success out of the mediation process.

But for those who are prepared to move forward with mediation and understand the responsibilities associated with the process, it can be a method of divorce that saves everyone involved a lot of time and money.

For more information about who is and is not a good candidate for divorce mediation, contact a trusted Long Island attorney at Solutions Divorce Mediation.