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When is mediation appropriate in a family law case?

December 23, 2024
When is mediation appropriate in a family law case?

In settling their family law case, clients can consider a few alternatives to going to court. One of those alternatives is mediation. Mediation is a voluntary process where parties, with or without lawyers, can engage a third party to help them reach an agreement on their outstanding family law issues.

Mediation is considered far more beneficial than proceeding in court as it allows the parties to design their own resolution. It can also be less stressful and less expensive than a court process. Some mediators even offer free services through the court. Generally, mediators are trained to help spouses negotiate better by getting to the root of each party’s concerns.

However, mediation may not be appropriate for all cases. Family mediation may not be appropriate in the following situations:

  • If there is a threat of domestic violence or abuse.
  • If one party has a significant amount of power over the other.
  • If the conflict is so intense that the parties are unable to talk things out due to strong emotions.
  • If either party is acting in bad faith or is opportunistic.
  • If either party is unwilling to compromise.
  • If one of the parties has serious mental health issues.
  • If there are significant cultural differences between the parties.

Our team at Melekhovets Law can help you decide whether mediation would be appropriate for your case and will guide you through the entire process. Contact us today to learn more about how we can assist you in resolving your case.

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