Is Divorce Mediation Appropriate For All Couples in California?

When going through a divorce, you may want to do everything possible to make this process as simple as possible. As such, many opt for mediation, which is often used in amicable situations. However, divorce mediation is not always ideal for all couples. If you and your spouse are going through a divorce, it’s essential to consult a Los Angeles divorce attorney to explore whether or not mediation is appropriate for you. Keep reading to learn more about why mediation is not always ideal and what you should do if you’re going through a divorce.

What Is Mediation?

Mediation is the process in which opposing parties, such as divorcing spouses, will work with a neutral third party to compromise and come to an agreement about the outcome of their issues. This third-party entity is not there to take sides or provide legal advice. Instead, they must simply facilitate conversation to help both parties communicate clearly. For many couples, mediation is ideal as it puts the control of the divorce in the hands of the parties going through the dissolution of their marriage.

When Is Mediation Not Appropriate for a Divorcing Couple?

While mediation is an ideal alternative to a nasty court battle, it is not appropriate for all couples.

If you have been a victim of domestic or emotional abuse at the hands of your partner, mediation is not recommended. In order to work, both parties need to feel safe to communicate openly in order to feel represented and heard during the conversation. When there is a power imbalance, mediation cannot work to represent both parties.

Those who fear their partner may be more likely to concede to the demands of their partner. As such, the victim is likely to relinquish their wants and demands to their partner out of fear of retaliation.

How Can a Divorce Lawyer Help?

If you want to end your marriage, it’s essential to take the necessary steps to ensure the process goes as smoothly as possible.

After explaining the details of your case to your attorney, they can help advise you of the best possible route to take. In some instances, this may be to proceed with mediation with the assistance of your lawyer. In other cases, going through the court may be ultimately the best decision, given your circumstances.

When you need assistance, an experienced divorce attorney with the Zitser Family Law Group can help you determine the best route to take. While mediation is great for some, it is not always the best option. As such, our dedicated team will do everything possible to help you navigate this complex issue to help you transition as smoothly as possible into the next chapter of your life.

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