Family law mediation is a process in which a neutral third party, known as a mediator, helps divorcing or separated couples reach agreements on various issues related to their family, such as child custody, child support, spousal support, and property division. The mediator facilitates communication between the parties, helps identify their interests and concerns, and assists them in exploring various options and finding mutually acceptable solutions. Family law mediation aims to help couples avoid costly and time-consuming litigation and come to agreements tailored to their specific needs and circumstances.
However, while family law mediation can be beneficial, there are also scenarios where it may be inappropriate to pursue. In this blog, we will review the situations where family law mediation may not be a good idea. If you are going through a divorce and want to learn more about family law mediation or are simply looking to hire legal counsel, contact an attorney who will protect your rights and advocate for your best interests.
When May Mediation Not Work?
Here are some scenarios where family law mediation may not be a viable option
Domestic violence or abuse – If there has been a history of domestic violence or abuse in a relationship, mediation may not be appropriate. It can be challenging for parties to negotiate and reach a settlement when one party has been a victim of violence or intimidation by the other. In these cases, it may be necessary to seek court intervention to protect the victim.
Mental illness – Parties with severe mental illnesses may not be able to participate in mediation. Mental illness can affect the parties’ ability to understand and make decisions, making it difficult for them to participate fully in the mediation process. In these cases, it may be necessary to seek the help of a mental health professional to ensure that the parties receive the assistance they need.
Power imbalance – If there is a significant power imbalance between the parties, mediation may not be an appropriate option. A power balance can occur when one party has more financial resources, legal knowledge, or social status than the other.
Lack of good faith – If one or both parties are not negotiating in good faith, mediation may not be successful. If one party only participates in mediation to delay the process or gain an advantage, the mediation process will likely fail.
Contact a Plano Family Law Attorney
If you are interested in learning more about family law mediation, contact the knowledgeable Collin County family law lawyer with Law Office of Brian Bagley. Call (972) 843-7158 for a free consultation.