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When divorce mediation is NOT a good idea

On Behalf of | Feb 19, 2024 | Divorce, Family Law

In many cases, mediation is the preferable way to come to a divorce settlement. However, in certain scenarios, it’s actually better to head straight to a Florida divorce courtroom. This is often true if you aren’t willing to negotiate in good faith or feel as if your spouse isn’t willing to do so.

A settlement must be equitable

A Florida judge may not accept a settlement that isn’t perceived to be equitable. Therefore, mediation may not work if you’re unable to advocate for yourself or are too eager to do whatever it takes to settle the case quickly. This may be especially true if you have children as the terms of a custody agreement must meet the best interest of the child standard. Ultimately, you may have no choice but to go to court to seek what you’re entitled even if it means engaging in a conflict you’d rather avoid.

You want to hurt your estranged spouse

Mediation is a collaborative process, which means that you have to be willing to engage to craft a deal in a timely manner. However, it’s not uncommon for people to come to mediation sessions simply as a way to stall or to waste money. It’s also not uncommon for participants to have a skewed sense of reality in which they are the victims and deserve everything in a divorce settlement. If this sounds like you, it’s unlikely that mediation will be a helpful tool to officially end your marriage.

It’s natural for the pain and trauma of a divorce to cloud your judgment. However, divorce court orders are based on established law as opposed to what you feel you deserve. Therefore, litigation may be preferable to mediation if you can’t be objective or work in a collaborative manner during settlement talks.