Author: Long Island Divorce Solutions:Gary Salatto
For divorce mediation to be successful it must enable both parties to be heard and have power in the negotiations. If either or both ex spouses are engaged in a serious power struggle, mediation may not be a viable solution. Any situation in which a spouse is unwilling to give the other party a voice in the mediation process will greatly affect the outcome.
Withdrawing from mediation
Divorce mediation is a voluntary process and both parties must be willing and active participants for a successful outcome. If you are dissatisfied with the progress and/or the results of your mediation, you may withdraw from the process at any time.
However, divorce mediation is an effective alternative to court battles and adversarial negotiations. In fact, some couples become so focused on getting revenge that they are willing to spend their life savings to gain custody of the family dog .
What many couples don’t realize is that all the issues addressed during a litigated divorce can also be addressed in mediation. From custody issues to property and tax issues, mediation can bring about acceptable solutions to both parties often at less financial and emotional costs.
You may be concerned that you are giving up some rights by entering into mediation but that is not true. Mediation does not require either party forfeit anything. What mediation does offer is private solutions to problems and issues that serves both parties. One of the basic principles of mediation is to empower each party so that they have an equal voice in issue resolution.
When mediation may not be the answer
Divorce mediation may not be the answer if the following circumstances exist:
- Domestic abuse and/or violence
- Spousal domination
- Refusal to participate by either spouse
- Refusal to divulge all pertinent information by either spouse
Such factors as the above would make a successful mediation unlikely.
If you have taken part in mediation and are dissatisfied with the results contact an experienced Long Island divorce attorney to discuss other legal options for your situation.