Friday, December 8, 2017

Who Should Choose Divorce over Mediation

Gordon Burrows is an attorney practicing matrimonial and family law in White Plains, New York. Working in the field for more than 30 years, Gordon Burrows has successfully managed numerous divorce cases.

Some couples choose to use mediation rather than litigation to avoid creating animosity during the process of separation. However, some couples are not good candidates for mediation, and both parties are better off retaining the services of a lawyer to manage their divorce. Here are six signs an individual should hire a lawyer as opposed to going through mediation:

1. Your spouse shows little intention of resolving key issues. Some spouses may have no desire to reach agreement on issues such as paying child support or arranging a fair child custody agreement, and may use mediation as a means of legally avoiding such issues, since mediation cannot force the other party to do something.

2. You want a quick divorce. Mediation is a slow process that can last for several months. 

3. When the divorcing couple has had a marriage involving violence. Couples who have had a marriage involving abuse typically do not agree with one another on many important points. Mediation may promote more conflict between couples who have already had a stressed marital relationship. 

4. The other party does not wish you well. Successful mediation depends on both parties working together to reach agreement on various issues. When one party refuses to listen and compromise, mediation cannot be effective. 

5. If you cannot advocate for yourself. A person who is submissive and weak may not be able to successfully work through a mediation process with a person who is aggressive or dominating.