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When is divorce mediation NOT recommended?

On Behalf of | Feb 19, 2024 | Divorce Mediation

The parties in a divorce often experience disagreements that create impasses in settlement negotiations. If they cannot reach an agreement, a New Jersey family court judge could decide for them. In lieu of that, mediation provides a means to reach a compromise. However, there may be instances where mediation might not be the best plan.

Reasons for avoiding mediation

Mediation could prove exceptionally challenging when one party is so self-centered they do not see the other person’s side or needs. High-conflict divorces could involve one or both spouses considering outcomes from the perspective of a win or loss instead of reaching an agreeable and fair conclusion. In divorces where physical violence and mental cruelty prompted the dissolution filing, mediation could prove an inappropriate path to take.

No generic timeframe exists for a conclusion to the mediation process. The spouses may find things take longer than they prefer, and persons rushing to conclude their divorce proceedings may not be suited for mediation.

Other considerations about mediation

Some may prefer litigation to divorce mediation because money is not a factor for them. They could focus solely on winning and believe a judge will see things their way. Persons with significant sums might feel willing to spend the money on litigation chasing this strategy, even if ill-advisable.

Emotions could run high in divorce proceedings, and a spouse may not worry about their financial and other losses. Their goal might focus on inflicting stress and hardship on the other spouse. Such persons could be ill-suited for mediation.

Those going through a divorce could review their plans for approaching the process. Choosing or not choosing mediation will likely be based on individual circumstances and preferences.