Divorce mediation is often promoted as a cheaper and more peaceful option compared to traditional litigation. While mediation can help couples reach agreements on issues like child custody, property division, and spousal support, it is not the right solution for every situation.
In some cases, mediation can even make existing conflicts worse or put one party at a disadvantage. Below are some reasons why divorce mediation may not be appropriate and how an Illinois divorce attorney can help you navigate the process.
Situations Where Mediation May Not Work
History of Domestic Violence or Abuse
Mediation relies on both parties feeling safe and empowered to express their needs and negotiate fairly. However, in cases involving a history of domestic violence or abuse, the power dynamics are often imbalanced. For example, imagine a woman who suffered years of verbal and physical abuse during her marriage. In mediation, she may feel too intimidated to stand up for her rights, especially if her abuser attempts to manipulate or pressure her into unfavorable agreements.