When Mediation Must Give Way to Litigation/Martin Rosenfeld

Posted on October 2, 2012


Some divorce matters must be litigated. When is this so? A recent blog post outlines some of the tell-tale signs that mediation is not likely to work. These include the following:

“If you believe your spouse is being dishonest or disingenuous

On some occasions, your spouse may attempt to hide assets or fail to be honest in his or her negotiations. If you think that your spouse is not transparent in a mediation meeting, you should consult with an attorney to explore other options such as traditional litigation. In litigation, there are certain safeguards that are meant to discourage such behavior, such as the court-ordered full disclosure of property, debts, income and expenses. If your spouse were to offer incomplete information or conceal information in these disclosures, he or she could be subject to sanctions or penalties and could potentially be indicted for perjury. If your spouse’s transparency is in question, mediation is not an option for you.

If you feel pressured or bullied by your spouse

In divorce mediation, it is the job of a mediator to ensure that the needs and concerns of each spouse are heard. I pride myself on neutrality and equality, and I ensure in each session that neither side is bullied by the other. However, your mediator cannot be with you outside of a mediation session. If your spouse attempts to intimidate, bully or pressure you, the best response is to seek a lawyer to represent your interests.”

The full post may be found at: http://www.doughertymediation.com/mediation-blog/divorce-mediation/divorce-litigation-bett er-choice-divorce-mediation/

Mediation is always a preferred route but it may not be a possible route for factors beyond one’s control.  The above-cited post gives some basic insights that will help in making an informed decision re mediation.

Thanks go to Maureen Dougherty, Esq. for sharing her post with the readers.