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Are there any disadvantages to divorce mediation?

Just about any legal process comes with a share of benefits and disadvantages, including divorce mediation. While most couples divorcing in New York find mediation to be an excellent solution, this method of divorce is not for everyone. Those who have already consulted with a lawyer are lucky because your legal counsel can explain in-depth how divorce mediation works. Part of such discussions should include a review of your case to determine if mediation is a good solution for you.

In the absence of a lawyer, you can still learn enough about divorce mediation to help you decide if you want to look deeper into this solution. This blog has already discussed some of the benefits of mediation, and it makes good sense to talk about its possible disadvantages as well. The section below provides some insight into when divorce mediation might not be the right choice.

  • If you are timid when dealing with your spouse, the lack of formality in mediation may not protect your interests.
  • If you think your spouse is hiding things from you, it may be better to let the court system uncover the truth.
  • If you suffer from domestic violence or abuse by your spouse, mediation might not be enough to protect you during a divorce.
  • If your split is particularly hostile or full of acrimony, mediation might fail. In these cases, it may be wiser to seek a traditional divorce.

Mediators and lawyers fill two different but related roles in a divorce. However, many family law attorneys now offer qualified divorce mediation services in addition to traditional divorce services. If you choose a lawyer that has undergone mediation training, you might find the process of getting divorced through mediation proceeds more smoothly.

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