Mediation is held between spouses where a trained neutral mediator is present in an informal setting. The mediator assists the partners to settle their issues regarding child support, assets division, mutual responsibilities, property division, etc.
However, most couples go for a divorce when the relationship gets too toxic and unhealthy. Oftentimes, the couple has gone past the mediation and settlement without even realising it.
Therefore, opting for mediation will never work. Whether it is because of cost, imbalance of power or an untruthful partner. So, to avoid wasting your time on mediation it is better to immediately file for a contested divorce by consulting a qualified family lawyer.
Some of the signs that you need to head straight to a divorce lawyer are explained in the following article.
The spouse that has faced violence in their relationship might not be comfortable going for mediation. This is because the trauma they've faced can lead to nervousness and they'll not be able to sincerely express their needs during mediation sessions. Both partners must be comfortable with each other's presence and have no communication barrier.
So an abusive partner can be intimidating to the opposite party. Hence, a divorce can save you from anxious conditions and can provide you with safety from such a toxic person. You can feel more protected during your divorce and can be more open to the court.
Many marital relationships cause damage to their children because of the violence in the home. A partner can feel an urge to protect their children from a harmful, vicious person and toxic environment. If a partner feels that any contact with their spouse can bring harm or threat to their children, they can take responsibility to safeguard them with divorce.
A court after assessment could provide you and your family protection from your injurious partner. This way you can feel less vulnerable in your life and move on with your children. You can efficiently be able to provide them with the better life that they deserve.
Mediation is not the best option when one spouse is more powerful in terms of finance and status than the other. Successful mediation requires an equal playing ground. If one partner is less powerful than the other there would be a chance of pressurizing them with unwanted agreements. Financial status can give an unjust advantage to the high-earning partner resulting in the violation of the crucial clause of a valid contract that is willingness.
Hence, it is important to maintain a balance between both parties when approaching mediation. If that is impossible to achieve then going for a divorce lawyer would be a better choice. It would create an equal chance for discussion and you can make smooth decisions.
Even after the problems spouses have faced in their marriage, they must have a sense of trust in each other for a successful mediation process. There must be a proper understanding between both parties and should be responsible when it comes to arranging sessions and forming an agreement. However, a deceitful partner that hides information regarding assets, finances, mortgage or even taxes, can cause harm to the agreement and would ultimately affect the opposite partner.
If you feel that your partner is not reliable or they'll always lie to you or the mediator then you must go for a divorce. This is because they'll delay your mediation process and would throw you off from reality. A Family divorce lawyer will help you manage your side properly without worrying about the involvement of your spouse.
Mediation requires the involvement of both sides. They must be responsible when it comes to corresponding with each other during mediation sessions. Their availability is the first thing in this whole concept. Spouses should agree to opt for mediation without any pressure or influence.
If you find your partner unavailable for this whole process whether it is physically or mentally, you must not force mediation for your relationship. In some cases, a partner becomes irresponsible and lethargic towards sessions that are arranged. They show no care for their family or want no connection to their children. During such conditions, a contested divorce is a good way out of the falling relationship.
Mediation although comes with great benefits, the process demands a lot from spouses. A mediator hopes for a successful agreement only when both are working mutually. If that's not the case for your relationship due to any reason such as violent behaviour of a spouse, less power, abusiveness, or even financial issues. Then they are the telltale signs for you to straightforwardly move to a divorce lawyer, and save yourself from all the troubles that your partner can create during the separation process.
