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When is Divorce Mediation Not the Best Option


Divorce mediation is quickly growing in popularity as an alternative option to traditional, litigated divorce in Florida. While there are many benefits to divorce mediation, in some situations it may not be the best option for settling the differences between you and your former spouse. At the law office of Blair H. Chan, III, my team has experience managing both litigated and mediated divorce cases, and we can help you decide how best to negotiate your divorce in Tampa Bay. To schedule an initial consultation, call or contact our office today.

One Spouse Does Not Agree to the Divorce

Divorce mediation is based on both spouses coming to the table and agreeing to compromise on their issues. If one spouse does not agree to the divorce then they will definitely not agree to compromise on matters pertaining to that divorce. Engaging in mediation in this scenario would be a waste of time and money if there is no chance of success. In this situation, litigating the divorce through traditional court means is the best option to keep the process moving forward.

Behavioral or Domestic Violence Issues

If your spouse has behavioral issues such as anger management, tries to humiliate you, belittle you, or otherwise engages in behavior that is not conducive to the amicable and cooperative environment of divorce mediation then traditional litigation may be the better option. In addition, divorce mediation should not be used if one spouse has a history of domestic violence, and in many cases most mediators will refuse to take on the case if one spouse is a known abuser. The risks are too high in a neutral third party area that one spouse may engage in abusive behavior, either physical or emotional, and a mediator cannot be sure that the victimized spouse is agreeing to the divorce terms because they actually agree or are too scared to disagree with their abusive spouse.

Completely Opposing Opinions on Major Issues

Finally, you should reconsider using divorce mediation if you and your spouse have completely opposing opinions on major issues in the divorce like child custody or spousal support. Divorce mediation is meant to find common ground and compromise on matters, but if there is no way that you and your spouse can find a middle ground then there is no reason to engage in this alternate dispute resolution method. These issues are best left for traditional litigation where both sides can go through the discovery process and make their arguments to the judge in court.

Talk to Our Office Now

Divorce mediation is right for some couples but it is not the right path for all. If you are struggling to decide whether divorce mediation or litigation is the right path for your case, the law office of Blair H. Chan, III can help. Call the office or contact us now to schedule an initial consultation with an experienced Tampa divorce attorney today.


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