How To Determine If Your Case Is Appropriate For Mediation

By Gerald A. Maggio, Esq.

Orange County divorce mediators; California divorce mediatorsThe rate of divorces has continued to go up in the last few decades with couples increasingly looking to end their relations due to issues such as lack of compatibility, understanding, and infidelity. The rate of increase in Orange County divorces has meant that people have now started to look for alternative ways to make sure they are able to end their relationship without having to go to court for settlement. One of the best alternatives in this regard is the use of Orange County divorce mediation.

Divorce mediation is a method of obtaining divorce that is considerably different from the usual method of mediation, since the core of this method is consultation, consensus, and compromise. The use of the three C’s has made divorce mediation one of the most peaceful and easy going way of settling marital disputes and allowing for divorce settlements to be drawn up without rubbing either of the party the wrong way.

Having said that —while divorce mediation is one of the preferable ways for the general public to end their marital relations—, there are a few types of divorce cases that are best left away from mediation. Here is a list of a few of situations where divorce mediation is unlikely to be the best option.

·        Cases Where Physical/Emotional/Child Abuse Is Involved

The concept of mediation cases is to create an environment of harmony between the soon-to-be-ex spouses, so that they are able to sit down and talk their differences out amicably without having to drag the courts into the personal matters of a couple. In domestic abuse cases however, more often than not, it is better for a couple to not use divorce mediation and instead rely on court proceedings. The primary reason for this is that cases that involve any kind of abuse are likely to involve protection orders for the abused spouse or child and full investigation into the claims, these tasks are best left to the courts.

·        If one of the Spouses is bent on delaying the proceedings and not ready to cooperate

More often than not there are tons of cases where one of the spouses is ready for the divorce process while the other is hell bent on trying to stop the other spouse from doing so for a variety of reasons. In cases such as these, it is best for the couples to try and use the courts instead of divorce mediation services. The reason for this is that mediation services are run on the basis of cooperation and commitment, if either of the spouses is disinterested and lacks the necessary will to find a solution; it is likely to be extremely hard for the mediator to try and continue and keep the mediation going in the right direction. The courts however can make sure with the use of their orders that both of these parties are honest and interested in the matters at hand.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”