5 Obstacles to an Effective Divorce Mediation

Generally, mediation works best when both parties are ready to divorce and move forward. Mediation is not appropriate in every situation and a good mediator will not take your case if he or she believes that your situation will worsen or not have a successful outcome.

Here are a few obstacles to an effective divorce mediation:

  1. Mental illness or drug/alcohol abuse: Mediators have a duty to screen folks that are unable to make decisions for themselves, including mental health issues or drug or alcohol abuse.
  2. Not in “Same Place”:  Meaning one spouse wants a divorce but the other spouse is not ready or would like to work on the marriage. A mediator may refer you to another professional such as a divorce coach or counselor to help you decide whether it is time to move on before mediating.
  3. Power imbalance: When there is a severe power imbalance, domestic abuse or threat of domestic abuse, (including PFA). Even if there is no physical danger involved, the threat of psychological danger would cause difficulties for one of the parties involved to reach a fair agreement. A mediator will refer you to an attorney or other professional to guide you through this process.
  4. High Conflict Personality:  Divorce mediation may not work if there is a “high conflict personality” involved.  Whatever the reason (could be physiological), the person just can’t seem to mediate or come to an agreement. Studies show that some of these cases can be mediated but they typically take three times as long as a typical case. Your mediator may refer you to an attorney, divorce coach or counselor that can better facilitate the process.
  5. Unwillingness to Compromise: Mediation is a compromise, each party must negotiate and compromise a “fair” agreement. Even the best mediator cannot obtain a compromise from a party that is not willing to do so.

If you would like to learn more about mediating your divorce or custody issues, email Dawn Clement  at Dawn@ClementMediation.com for a consultation.

 

5 Obstacles to an Effective Divorce Mediation

Thinking about getting a divorce in Pennsylvania?

If you are thinking about getting a divorce, first consider divorce mediation.  A neutral and qualified mediator can help you and your spouse divide the property and parenting responsibilities peacefully and respectfully.

A mediated divorce is an amicable, simple and efficient process. Pennsylvania has a Mutual Consent No-Fault Divorce option which allows couples to obtain a divorce regardless of marital fault. The benefit to choosing this type of divorce is that you are able to move forward after a 90 day waiting period, without the need of one spouse to show misconduct through the court system. Time and money are precious resources, especially during a divorce, and the mediated pathway is an efficient and less expensive method of obtaining a divorce.

You have probably heard from your family and friends that the divorce process is devastating. This does not have to be the case for your family! Couples using mediation tend to end the marriage in a better position both financially and emotionally than those that take their battle into the court room. Once you and your spouse decide that it is time for a divorce, and if you both agree, consider scheduling a consultation with a mediator before you dive into the litigation process!

If you would like more information about a healthy divorce, contact Dawn Clement at Dawn@ClementMediation.com to set up a consultation.

Dawn Clement
Attorney & Mediator
http://www.HealthyDivorcePA.com

Thinking about getting a divorce in Pennsylvania?