Many couples going through the divorce process look for alternatives to litigation. For some New Jersey couples, divorce mediation might be that alternative. However, there are times when the meditation process may not be the ideal situation. For couples considering the process, there are some disqualifiers for mediation of which they should be aware.
When domestic abuse is a factor in a divorce, mediation is not likely to be advantageous. Both parties must be honest in the process, and if one fears retribution for being honest, a mediator may not be able to help. Also, if a mediator suspects child abuse in any way, he or she must report it to authorities. A mediator cannot be neutral (as he or she must otherwise be in the process) when he or she suspects child abuse.
Also in the spirit of honesty — when one spouse believes the other is hiding assets — mediation may be a tough go. A forensic accountant might be the place to start in these instances. Both spouses have to agree to the divorce and to mediation before a mediator may be able to help. On the other hand, the meditation process may help one spouse to overcome the fear of the future living as a single individual.
Couples who are willing to compromise may benefit the most from divorce mediation. A New Jersey lawyer experienced in mediation may be able to ascertain whether the process might be helpful in various cases. Not all contentious issues are disqualifiers for the process. A lawyer can help a client sort out whether the process might be beneficial is his or her case.