What are some challenges with mediation?

Overall, mediation is a cost-effective and amicable way to end a divorce. If your divorce is low-conflict and nobody is looking to challenge aggressively, mediation can save a lot of time and heartbreak.

However, there are some challenges inherent to divorce mediation. In certain situations, it is unlikely mediation is possible. According to FindLaw, in order for divorce mediation to work both parties must be able to express opinions with no fear, and both parties must negotiate in good faith.

Fearlessness

Particularly in abusive partnerships, mediation is often not the best choice. If one party intimidates or threatens the other, there is no way to bargain. In situations like this, taking the divorce to court is often the better idea. The courts will ensure that both parties have the security necessary to make their case.

Even if the partnership was not outright abusive, partnerships guided by one-sided communication tactics may not work well in mediation. Both parties must bring an equal voice to the mediation table.

Negotiating in good faith

If one or both parties in the divorce want to argue about what is “rightfully theirs” and are not willing to compromise on matters, divorce mediation may be fruitless. Generally, any divorces with highly-contested assets need to go to court, since if the parties have hostilities it is unlikely they will reach a compromise.

Essentially, the success or failure of divorce mediation lies with equal, open and honest communication. There are some other kinds of divorces not well-suited to mediation (such as ones that involve complex financial arrangements), but most going through divorce benefit from mediation.