Alternative dispute resolution can be an efficient and effective way to settle the issues in a Florida divorce. However, there are benefits and drawbacks to utilizing this method over traditional divorce litigation in court.
Benefits of Divorce Mediation
Judges often encourage couples to seek mediation services in a Florida divorce, and there are many potential benefits to utilizing mediation. Some of the most often cited benefits include the cost, the efficiency, the confidentiality of the proceedings, the freedom to craft unique solutions to individual matters, the control over the process, and the foundation that mediation can create for future communication between spouses once the divorce is finalized. These are all great reasons to engage in mediation if the divorce is relatively amicable and both spouses agree with the divorce. However, there are situations where it may be best to reconsider mediation as a means of negotiating the terms of a divorce settlement.
When to Reconsider Mediation
At the heart of divorce mediation and other alternative dispute resolution methods, there is an agreement between spouses to try and work together to reach solutions about the outstanding matters in their divorce case. However, if this is not the situation in your divorce, mediation may not be the best option for you. If any of the following circumstances apply in your case, traditional litigation of your divorce may be best:
A History or Fear of Domestic Abuse
If there is any history of domestic abuse or if there have been credible threats of harm made by your spouse, mediation is not the best option for you. Using mediation after incidents of domestic violence can trigger trauma in the victimized spouse or create an imbalanced setting in which to try and negotiate a fair and balanced divorce settlement.
A History of Untrustworthiness
If your spouse has a history of being untrustworthy or deceitful, mediation may not be best for you. Mediation requires that each spouse be completely forthcoming about their assets, liabilities, and any other issues that may be relevant to the divorce proceedings. If there is a chance that your spouse may try to hide something, utilizing the discovery process in litigation is a better option.
Refusal, Denial, or Delay of Proceedings
One final reason to reconsider using divorce mediation is if a spouse refuses or is in denial about the divorce proceedings, or if they are attempting to delay the proceedings in some way. In order for mediation to work as intended, both spouses must be in agreement about the divorce and wish to settle the matter faster than it would be done in traditional litigation. If one spouse is not in agreement with this, then mediation will not be successful, and the court will need to compel the case forward.
