Challenges Faced By High-Conflict Couples in Mediation

Just because two spouses do not get along does not mean they cannot find success in divorce mediation. However, it is certainly true that high-conflict couples do face more barriers to mediation success, and thus spouses in these high-conflict relationships should be aware of those barriers before opting for mediation as their form of dispute resolution.

Here are a few things to consider as a spouse in a high-conflict marriage.

• The effect of fear: If the high-conflict nature of the relationship results in one spouse being afraid of the other, that spouse could end up agreeing to certain things in a mediation session just to avoid having to spend time with that other spouse. This means the process does not ultimately create an equitable outcome.
• Poor communication: For couples who have a high degree of conflict in their relationship or the presence of abuse, it may be difficult to have productive mediation. There may be strong or destructive emotions that make peaceful outcomes impossible. While some issues can be worked through in mediation, others will make positive discussions nearly impossible.
• Potential for danger: In some rare cases there may be a real potential for danger by having the spouses together in the same room. Ongoing domestic violence, for example, would be a factor that should lead parties to avoid mediation, as one party simply cannot feel safe in the presence of the other.

Mediation can be very effective in the correct circumstances, but it is important to remember that it is not a one-size-fits-all solution. There are some couples that will not fare well with mediation and thus should seek other forms of dispute resolution for their divorce.

For more information about potential barriers to mediation success, contact an experienced Long Island divorce lawyer at Solutions Divorce Mediation.