There are benefits to Divorce Mediation. For many couples, it can save them time, money, and aggravation. But Divorce Mediation is not right for everyone. At Lyons & Associates, P.C., we specialize in all aspects of matrimonial and family law, and when our clients ask us about mediation, here is what we say.
In order for Divorce Mediation to be successful, three factors must be present. If any one of these three factors is missing, Divorce Mediation is likely to fail. The critical factors are:
- Balance of Power Between the Spouses. If there is a presence of domestic violence, or if one spouse is afraid of the other, then mediation will not work because one party will run rough shot over the other.
- Full and Voluntary Disclosure of All Assets. Unlike an attorney in typical Divorce litigation, a Divorce mediator does not have the power to subpoena documents from banks, employers, or other financial institutions. Therefore, if one spouse is hiding financial assets or bank documents, the mediator will have very little recourse to try to discover the information or the assets – other than taking the individual word of each spouse.
- Willingness to Compromise. If one spouse digs in her heels and will not compromise, then mediation will not work because mediation requires that both parties give as well as take.
As long as all three of the above factors are present, then mediation can and does work, and you should consider it very seriously. If you have more questions about how Divorce Mediation might benefit you and your family, contact one of the experienced attorneys as Lyons & Associates, P.C. at 908-575-9777, or fill out our online intake form.
Written By: Theresa A. Lyons, Esq.