You may have heard about the benefits of mediating your Connecticut divorce. Mediation is a way of resolving your divorce without going to court.
Rather than argue over any unresolved issues in a courtroom, mediation allows you and your spouse to meet with a mediator who helps you resolve your issues. A mediator has no power to make decisions but listens to each spouse’s side of an issue and offers suggestions and guidance.
Benefits of mediation
Mediation is generally quicker and less costly than courtroom litigation. It also often results in a better outcome, since both spouses feel as if they had a say in the outcome. Mediation is confidential, which offers another advantage if you and your spouse wish to keep your divorce out of the public eye.
Although these are all legitimate benefits of mediation, there are certain situations where mediation may not be the best option. Depending on your circumstances, you could be better off going to court.
When mediation is not the best option
Marriages involving domestic abuse or controlling behavior are generally not suited for mediation.
The spouse who is the victim of the abuse is at risk of agreeing to a resolution that is not in their best interest if they are conditioned to go along with what the other spouse wants. Additionally, being around an abusive or controlling spouse causes fear and anxiety, which prevents good decision making.
Divorce mediation will not work if one spouse is hiding marital assets or has other secrets. Mediation requires honesty and trust. Examples of other secrets include a substance abuse addiction or major illness. If you or your spouse are not prepared to be open about your situation, you should not mediate.
Mediation is not marriage counseling
Mediation is not a good idea if one spouse does not want to divorce. Divorce mediation is not marriage counseling but a spouse who is resisting a divorce may view it that way. Your mediation will likely be a waste of time if one of you is trying to negotiate divorce terms and the other keeps steering the conversation toward reconciliation.
Divorce mediation could be a good option for you, but you should keep these considerations in mind before deciding.