When should you consider avoiding mediation?

Mediation could help protect your finances and future, but not every divorce qualifies for mediation. How do you know when traditional high-asset divorce makes for a better option than mediation?

Family Education offers insights that may help. Learn which dispute resolution method fits your situation better.

You have a bully for a spouse

Does your current spouse have a history of talking over you or pressing her or his opinions on you? Bullying spouses often make poor mediation candidates, because they may try to bully the mediator to see things their way. You need a mediator who can stand up to your spouse and see through aggressive tactics.

You and your spouse do not speak

If you and your spouse have frayed lines of communication, mediation sessions are not the time or place to learn to communicate better. While poor communication skills may not rule out mediation entirely, the two of you may want to put off the option until after you see a therapist to learn how to talk to each other. Mediators focus on resolving conflicts, not teaching clients how to communicate.

You need attorney-client privilege

It is essential to understand that mediators are not attorneys, which means anything you say to your mediator does not receive the same protection as it would if you said it to an attorney. Anything you share with your mediator in private may come out during your next session with your spouse if your mediator feels your news affects the outcome of your marital split.

You feel anger toward your spouse

Do you harbor resentment, anger or similar emotions toward your spouse? If so, mediation may not work for your situation as well as you hope.