In today’s society, divorce has become more socially acceptable, leading to a rise in couples choosing to end their marriages. Couples can choose various divorce routes when dissolving their marriage, including contested, uncontested, or mediation. Divorce mediation is a popular alternative option to litigation that helps couples save time and money. Despite the benefits, divorce mediation is not always appropriate, as the sole purpose of the process is to help couples reach a mutual agreement on the terms that will apply to the termination of their marriage. If one party is unwilling to compromise or there is a power imbalance between parties, mediation will not succeed as these situations do not allow for a fair agreement or settlement. If you want to dissolve your marriage, contact a dedicated Garden City Divorce Lawyer to help you determine the best divorce route for your needs.
When is divorce mediation not appropriate in New York?
Through mediation, divorcing couples meet with an unbiased mediator to resolve their contested issues regarding the terms that will apply to the termination of the marriage. This includes problems of child custody, child support, spousal support, property division, and other critical matters. Many couples turn to mediation as it can eliminate the need for litigation and allow them to remain in control of the terms that will apply to the termination of their marriage. Although mediation can be a valuable tool for divorcing couples, it is not appropriate in every instance.
Divorce mediation is impossible if both parties are not open to the process or willing to compromise to reach a fair agreement. Mediation will fail if either spouse is unwilling to resolve their disputed issues. The sole purpose of mediation is to help couples work toward a mutually beneficial settlement. If either party is unwilling to negotiate or cooperate, the process will not succeed.
Furthermore, divorce mediation is inappropriateate if a power imbalance prevents one party from reaching fair terms. This is often the case when there is a history of domestic violence or sexual abuse. Divorce mediation is not possible when either spouse has been the victim of domestic or sexual abuse. When there is a history of this type of abuse, there is usually a consideration imbalance of power which can cause victims to agree with whatever their spouse says as they fear further abuse if they disagree. During mediation, both parties must be able to express their opinions and need to ensure a fair agreement. If one party cannot negotiate without the fear of bullying or harm, mediation will not be successful, as a fair agreement cannot be reached.
If a divorce is imminent, contact a seasoned divorce lawyer from the Law Offices of Eyal Talassazan, P.C., who can protect your interests. Allow our firm to represent your interests to maximize your chances of reaching a favorable outcome.