No matter the circumstances, divorce can be difficult and incredibly stressful. To help avoid some of the monetary costs and messy conflicts often associated with the process, many couples turn to mediation, a form of alternative dispute resolution that allows each party to collaborate and negotiate divorce terms with the help of a neutral third-party mediator.
Despite the advantages of mediation, it does have some drawbacks, and it might not be the right solution for everyone. This article outlines four distinct disadvantages of mediation to be aware of.
4 Disadvantages of Mediation
When couples are able to communicate amicably and unravel their marriage without a lot of legal intervention, mediation can be an ideal solution. There are, however, issues that should be considered before moving forward with this arrangement.
1. Agreements Are Non-Binding
Even when you come to an agreement with your ex-spouse, that agreement is not yet legally binding, which can be a challenge for enforceability. Before it can become official, a judge must still give it a final stamp of approval.
The judge will review your mediated agreement to ensure it is fair, legal, and voluntary. It should protect both parties, especially when there are children involved or there are stipulations for spousal support or property division.
2. Couples Must Be Willing To Compromise
Often a marriage breaks down due to irreconcilable differences, and it’s not unusual for couples to be at each other’s throats during a discussion of the issues. This is particularly true if one or both parties are angry or unable to communicate with each other civilly as emotions run high.
For mediation to work, both parties have to be willing to communicate, compromise, and be transparent. Without this foundation of cooperation, mediation talks will likely fail.
3. Mediators Do Not Give Legal Advice
Because a mediator is a neutral third party, you cannot expect to receive any legal guidance or advice from that person. Instead, the mediator is there to facilitate the discussion and help the parties find a suitable middle ground.
The mediator can encourage an open and constructive dialogue, identify the salient issues that need to be discussed, and help the couple explore various legal options. While they can provide information about relevant laws, they cannot offer individualized legal advice.
For this reason, each party will typically bring their own attorney to the discussion, which can also add significantly to the costs because there are going to be fees associated with both the mediation sessions and your attorney’s time. On a positive note, the length of the process is usually shorter than going through divorce proceedings.
4. Mediation Is Not Right for All Situations
Mediation is known for being an amicable process with a high degree of cooperation. Therefore, it’s not going to be a suitable arrangement for all divorces.
In particular, mediation is not ideal if there is a distinct power imbalance between the parties, there is a history of domestic violence, or either party is hiding assets.
Why Couples Seek Mediation
With the disadvantages listed above, it’s important to note that mediation can still be the preferred choice in many divorce situations.
For example, if the divorcing spouses both wholeheartedly agree they want a mutually favorable resolution and are willing to approach things fairly and with an open mind, mediation can be a more efficient and cost-effective solution. It also provides a higher degree of control and confidentiality, which can be desirable.
Contact an Experienced Family Law Lawyer
At Pier Law & Mediation, our team of family law attorneys and mediators help you explore your various options to find a strategy that is most appropriate for your needs. To schedule a consultation, call (604) 900-7158 or contact us online.
