Three Situations Where Divorce Mediation May Not Be Effective

 Posted on February 22, 2022 in Divorce

Mediation is often ordered by Illinois family court judges because of its remarkable effectiveness in helping divorcing couples solve issues like parenting time, asset division, and spousal support. Yet while mediation or other alternative dispute resolution strategies keep most divorces from being litigated in court, there are certain situations in which mediation may not be sufficient or even safe. Here are three situations that may make divorcing spouses think twice about hiring a mediator. 

Abuse or Domestic Violence 

When relationship abuse occurs in the form of mental, physical, or emotional violence, it can be impossible to negotiate in good faith. One spouse may never be able to trust the other spouse and the abusive spouse may even use mediation as a tool of manipulation. While abuse can vary in its effect and intensity, warning your attorney and the judge who oversees your case that you fear abuse in mediation can help protect you from a judge ordering mediation when it could be unsafe.  

Uncooperative or Missing Spouse

Sometimes one spouse does not agree with the divorce and will drag his feet or otherwise make the divorce process very difficult. A spouse may be ordered to attend mediation and appear just to avoid being held in contempt of court, but if he or she is refusing to negotiate just to trip up the proceedings, compromise is unlikely to be achieved. Likewise, if a spouse cannot be located, mediation is not possible. 

Hidden Assets or Other Financial Dishonesty

Mediation requires both parties to be working in good faith. If one or both spouses are trying to hide assets, manipulate the value of other assets, or otherwise game the asset division process, it may be necessary to litigate these issues in court. Financial specialists like forensic accountants may be necessary to locate hidden assets and legal issues involving laws from other states or countries can quickly complicate a divorce such that mediation would be pointless. 

Call an Experienced Illinois Divorce Lawyer

Knowing when mediation may benefit you is essential when deciding whether to pursue mediation in your divorce case. The experienced DuPage County divorce attorneys at The Stogsdill Law Firm, P.C. understand that mediation is not right for everyone. We will carefully examine every aspect of your case and help you decide whether you want to utilize alternative dispute resolution strategies in your Illinois divorce. Call us today at 630-462-9500 to schedule a confidential consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51