As divorce stigma diminishes in today’s society, many couples dissolve their unhappy marriages. That said, there are various divorce routes that couples can choose from to end their union, including contested, uncontested, or mediation. Divorce mediation is an alternative option to litigation that couples may consider because it saves time and money. However, mediation may not be suitable for some couples despite its advantages. If a divorce is imminent, contact a dedicated Suffolk County Divorce & Separation Attorney who can help protect your interests. Please continue reading to learn when divorce mediation is inappropriate.
When is divorce mediation not possible in New York?
Mediation is an alternative divorce process where both parties attend sessions with a neutral third-party mediator that helps them resolve their disputed issues regarding the terms that will apply to the termination of their marriage. Meditation aims to resolve a couple’s contested problems to reach a fair divorce agreement or settlement. As mentioned above, there are several benefits to choosing mediation as your divorce route, as it can save considerable time and money. However, divorce mediation is sometimes not always appropriate despite the benefits.
With mediation, to succeed, both parties must be willing to cooperate and compromise to reach a fair agreement. If one party refuses to negotiate, the process will fail as their disputed problems will not be resolved. Therefore, they cannot work toward a mutually beneficial agreement.
Is it appropriate in cases involving domestic violence or other abuse?
In most cases, divorce mediation is inappropriate in cases involving domestic violence or sexual abuse. When there is a history of domestic violence or other abuse, a severe power imbalance exists, which causes one partner to have a great deal of control over the other, this power imbalance prevents both parties from being able to express their opinions regarding the terms that will apply to the termination of their marriage freely. Abuse victims often find it difficult to negotiate fairly without fearing further violence. As a result, they are usually bullied into agreeing to unfair terms that prevent the couple from reaching a mutually beneficial agreement. If you know a considerable power imbalance exists in your marriage, mediation may not be possible, and you may be better suited to pursuing a different divorce route.
If you are considering dissolving your marriage, it is in your best interest to retain the legal services of a skilled attorney from The Law Offices of Susan A. Kassel, P.C., who can help you determine which divorce route is the most suitable for your specific needs. Allow our firm to represent your interests to maximize your chances of reaching a favorable outcome.