Navigating the difficulties of divorce and child custody is tough, especially when emotions run high. This is clear in high-conflict divorces, which are typically when the spouses do not get along and have a lot of negative feelings towards each other.
Many people praise mediation because of its effectiveness in reaching amicable agreements. While it is true that it is an effective way, it is not for every case. Indicators often show when a case is better off going to court than to mediation.
High conflict and emotional intensity
When the spouses cannot control their emotions and the conflict between them escalates to levels where communication breaks down, mediation may not be the best choice for them.
The ability to compromise and negotiate in good faith is essential for mediation. When people have trouble controlling their emotions, it may be best to let the lawyers work things through.
Concerns regarding child safety
When there are serious concerns about the safety and well-being of the children involved, such as allegations of abuse or neglect, mediation is insufficient.
Unless the state mandates that the parties attend mediation with a team of professionals who can assist in these sensitive and delicate matters to provide the court with a recommendation regarding the child’s best interests, going to court may be necessary to show evidence and ensure the children are safe.
Complex financial issues
Mediation can be inadequate for discussing complex financial matters, such as the division of substantial assets or intricate business interests.
In these cases, a trial with legal professionals who understand what is at stake can provide what is necessary to ensure a fair resolution for the parties involved.
While mediation is a valuable tool for many, it is not a one-size-fits-all solution. Recognizing the indicators that suggest a case is beyond mediation is essential. Seeking the guidance of counsel who can represent you in such circumstances is critical. It can have a significant impact on the eventual outcome of your case.