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Resolving disputes creatively

When divorce mediation may not be the best option

Usually there are a number of problems that arise before a couple actually decides to divorce and, once they do, in many situations there can be a lot of animosity between them. Even in these cases, the couples may still be able to reach agreements, but they may need the assistance of a third-party neutral mediator to assist them in a divorce mediation. This is an option for many couples, but there are certain situations when divorce mediation is not a good option.

There are some situations when one party dominates the other and that spouse cannot freely express their ideas in front of the other. This is true for all parts of the divorce. Even if a spouse is capable of talking about the children, if they do not feel that they can express their ideas regarding finances then mediation may not be an option. Also, if there is a history of domestic violence between the parties, mediation is usually not a good idea. In these situations, it may be a better option to have attorneys negotiate on their behalf and litigation may be needed as well.

There are many different familial dynamics in New York and, therefore, each divorce is unique. While many couples may be able to use divorce mediation to reach agreements for their divorce, there are some couples who should not use it because it will not result in a fair outcome. Divorce mediation can be a good tool for the right couples, but it is important to understand when to use it and when not to. Experienced attorneys understand when it is appropriate and when it is not and may be a useful resource.

Source: www.americanbar.org, "Benefits of Mediation in Divorce Cases" Holly Clemente accessed on May 1, 2018

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