The Limits of Mediation: When Should You Skip the Negotiations with the Ex?

hand_ shakeWe’ve spoken highly of using mediation as a tool to help you resolve any family law matter quickly and efficiently. In addition to promoting collaboration, which is key in ensuring co-parenting plans are effective, mediation helps you save time and money as you get to skip the tradition in-court proceedings.

However, mediation isn’t always the right approach. For today’s discussion, let’s look at a few scenarios where either mediation is not likely to be effective/productive, or is simply not an option on the table.  

Situations that Involve Domestic Violence / Abuse

In cases where there are instances of domestic or spousal violence or abuse, or a power imbalance between two people, mediation is often a poor choice. Rather than help lead productive discussions, these types of sessions can prove to be traumatic for the victim of abuse. In addition, it can provide opportunities for the abuser to continue to strong-arm their soon-to-be-ex and twist negotiations in their favor. 

When the Ex is Trying to Hide Assets

Mediation is the most effective when both parties are engaging in good faith. If you suspect that the ex is trying to hide assets, then the gloves need to come off because you are robbing yourself of key opportunities to have this surfaced in court. In your attempt to save money, you could be giving the ex the chance to keep what is rightfully yours, which is why going to trial is your best bet, even with the bigger incurred expenses and longer window for eventual resolution. 

What if the Ex is Still in Denial About Divorce?

Then there are those cases where one person refuses to accept that the divorce is happening. Typically, this is accompanied by attempts to complicate or draw out the process and make it as painful or difficult as possible for both parties. Here, mediation won’t get either of you anywhere and there is often no choice but to resolve this in the CA family law courts.

Recruit the Aid of a Skilled Divorce Attorney in CA

These are just some instances where mediation won’t prove to be as effective as a traditional divorce in court. This also highlights just how complex divorce and other family law matters truly are in CA. 

Learn more about this and other related topics, and take the time to consult with an experienced family law attorney. Call us at R & S Law Group, LLP today to connect with our legal experts and book a free initial consultation.