When you’re going through a divorce, you’ll have to choose between mediation or litigation. 

When most people think of divorce, they think of tears, screaming matches and lawyers battling it out in court, but it doesn’t have to be that way. Mediation is a wonderful option for many couples, and in our last blog, our family law attorney in Hauppauge went over many of the pros of mediation. Although mediation can be a tremendous option, it’s not for everyone, and it does have downsides. The following is a list of the cons of mediation:

#1. There is no guarantee that everything will be fair. 

Since mediation is done outside of the court, there aren’t laws in place to ensure that the settlement if fair for both parties. This could leave one spouse with the short end of the stick.

#2. Mediators don’t provide legal advice. 

Mediators are simply there to facilitate an agreement between both parties, but they can’t provide any legal advice for either party. As a result, the language or preparation of the agreement may lead to issues in the future.

#3. Mediation cannot provide temporary orders. 

Some situations are urgent, especially those involving finances or child custody, and they may require a quick, temporary order being placed. Unfortunately, mediators can’t do this, only the court can.

#4. There are certain situations when mediation is inappropriate. 

As we said earlier, mediation doesn’t work for everyone. Here are a few circumstances when mediation is not appropriate:

  • The couple has a history of domestic violence.
  • One spouse is suspected of hiding important financial information.
  • There is a lot of animosity between the couple, and they cannot discuss the settlement amicably.

Do you questions or concerns about mediation? If so, contact us today!