Are There Any Drawbacks to Divorce Mediation?

Are There Any Drawbacks to Divorce Mediation?

As you research whether divorce mediation is right for you, it’s important to consider the pros and cons of opting for this alternative dispute resolution method.

As you likely know, divorce mediation allows you to take control over the issues in your divorce and work with your spouse to establish outcomes that are favorable to each party. In many cases, it allows for a faster resolution to your divorce, provides you with significant cost savings (as you avoid the extended litigation process) and sets you up for a good post-divorce relationship with your spouse, as it provides you with a safe setting in which you can practice good communication strategies.

However, there are some drawbacks you should consider before you decide to move ahead. These include:

  • Less attorney involvement: While attorneys can consult with you during mediation, they will have a smaller role than in other divorce processes and thus will not be able to be as assertive in their advocacy for you. In some mediation settings, the mediator may discourage attorneys from attending, as it could create a power imbalance or a more adversarial setting.
  • Not always suitable: Not every divorce method is meant for everyone. For couples that have an imbalance of power, mediation probably will not work, because one party could well attempt to dominate the other and force their way to a conclusion that solely benefits them. For mediation to work, both parties must operate in good faith and be on a level playing field.
  • Not the cheapest option: Mediation is less expensive than litigation and collaboration, but it is not the cheapest option available—that would be a DIY divorce. However, it’s strongly recommended you avoid going the DIY method, as you have fewer protections and little in the way of professional guidance.

For more information about the pros and cons of divorce mediation, contact an experienced Long Island divorce lawyer at Solutions Divorce Mediation.

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