When mediation is a poor fit for divorce
Florida couples whose marriages are coming to an end often have some mutual understanding of desired child custody and property division outcomes. At the least, they may be able to settle some issues in mediation without requiring a judge to rule on every dispute. However, this is not always the case, and some divorcing couples are best served by the adversarial nature of litigation. The first rule of mediation lends some insight into why it is inappropriate in certain cases.
A basic requirement of divorce mediation is that each party needs to be able to see the perspective of the other person. Mediation can begin with a dispute over every topic, from visitation plans to alimony, and still end successfully in a fair agreement. Even if every topic is a cause of dispute, one rule makes reaching any level of agreement possible. Each party must be willing to be okay with the other person being okay.
In cases of physical or emotional abuse, mediation is not usually a good choice. The inability to let go of negative emotions is another warning sign. Grudges over infidelity or other issues could lead to incredible demands that stem from a desire to see the other party suffer for their wrongs.
Several other circumstances strongly suggest when litigation is a far better option than mediation. Sometimes couples can be wrongly led down the path of mediation due to a desire to save money. Other times they may be wrongly led into litigation by the belief they get lucky with the right judge and come out ahead. An attorney with experience handling divorce legal issues can also often attempt to negotiate a settlement on behalf of a client when mediation is not an option.