When Is Divorce Mediation Not Suitable?

When Is Divorce Mediation Not Suitable?

Home Divorce Mediation When Is Divorce Mediation Not Suitable?

Using a Calgary divorce mediator is a process where a neutral third party sits down with you and your spouse and helps you work out an agreement that suits both of you. Mediation can be used in any type of family law dispute, including:

  • Divorce or dissolution of marriage;
  • Child custody and visitation;
  • Child support; and
  • Spousal support (alimony). 

Mediation is a great option for most couples who are separating. It can help you avoid the cost, time and emotional strain of court, and give you more control over the outcome of your separation.

However, there are some situations where mediation is not suitable:

1. There Has Been Domestic Violence

A Calgary divorce Mediator can be a useful tool for resolving disputes between people who have been in an intimate relationship, whether it be married or not. However, if there has been physical or other abuse, then mediation may not be appropriate because it could expose the victim to further harm. In these cases it is best to seek legal advice or consider making an application to the court. The court will then decide on a course of action that protects both parties involved while also considering their children’s safety as a priority.

2. There Is A Power Imbalance Between The Two Of You

If there is a power imbalance between the two of you, mediation may not be appropriate. This could be because one spouse has more money or more education than the other, or because one spouse has more control over certain aspects of your lives (for example, finances). It could also be because one spouse has been violent toward the other in the past.

3. If You Cannot Communicate With The Other Spouse

Divorce takes a toll on everyone involved — especially if you have children together. Mediation allows both spouses to talk through their feelings and come up with solutions that work for them both. However, if you cannot communicate with your spouse or if he or she refuses to communicate with you, then mediation probably isn’t right for your situation. It’s important that both spouses feel comfortable speaking up during mediation so that they can clearly voice their concerns and desires in order to reach an agreement they’re both happy with.

Mediation Is Not Appropriate If One Cannot Protect Their Own Interests

Employing a Calgary divorce mediator is a great option for most couples who are separating. However, there are some situations where mediation may not be suitable for you. If you have concerns about your financial future, are worried about the well-being of your children, or feel that you will not be able to stand up for yourself in the heat of the moment, it might be best to speak directly with a family lawyer.

In summary: mediation works best when both parties are able to communicate effectively, are able to compromise, and can protect their own interests. If you can’t do any of these three things, then the mediator is not able to help you out with a workable agreement.

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