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Be aware of the possible disadvantages of divorce mediation

On Behalf of | Aug 1, 2020 | Firm News |

Many couples in the Wilmington region of North Carolina have come to understand the benefits a mediated divorce can offer. We have discussed divorce mediation in our blog to highlight these benefits, which typically include:

  • More cost-effective 
  • Proceeds faster
  • Less stressful
  • Increased privacy
  • May be better for any children involved

As with most things, divorce mediation is not for everyone and should not be viewed as a problem-solver for all conflicts a couple may experience. While it is effective for many divorcing couples, there are certain disadvantages that mediation may pose in some situations. A brief list of its possible disadvantages include:

  • Mediation does not always guarantee a fair outcome to both spouses
  • In marriages that have an unequal balance of power, mediation may leave one spouse unprotected
  • When the spouses find it impossible to communicate and cooperate, the process may be ineffective
  • Mediation overseen by an objective third-party cannot always replace the advocacy and protection a lawyer offers when divorcing
  • You may have trouble locating hidden assets (if applicable) without attorney guidance

How can you decide if mediation is right for your divorce?

We believe the first step in deciding whether to seek mediation is consulting with a family law attorney. This offers several benefits:

  • An objective assessment of your circumstances
  • Guidance regarding the many aspects of divorce such as property division and spousal support
  • Answers to concerns you may have about child-related matters
  • Familiarity with state-specific divorce laws

Our lawyers also urge you to take a good look at your situation before you decide how to divorce. It can also help to learn as much as you can about traditional divorces and the mediation process. You can find more information on these topics by continuing to review our firm’s website.

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