As we mentioned in our last blog, there are alternatives to appearing in court during the
divorce process. This option could save both parties time and money. However, sometimes the only option left is to litigate.
Some examples where litigation may be the best option:
On the occasion that domestic violence has occurred, mediation may not even be a feasible option. This is especially true if one or both parties have a restraining order against the other. Mediation can still be done, however it's a different process referred to as "shuttle mediation" when one party meets with the mediator alone, and then is shuttled out, while the other party is shuttled in. An agreement may be reached this way but you lose some of the value of having the parties in a room together with the mediator.
There Are Too Many Complications
In high-asset divorces, or cases where one party is in the dark about the couple's finances, it may not be wise to go through the mediation process, certainly at least not before discovery can be completed. During the discovery phase parties are required to disclose information regarding any and all assets (as well as debts). Although this is required, the parties don't always comply and walking in to a mediation without completed discovery would be like walking in blind and would surely result in an inequitable agreement. Usually litigation and probably the use of experts would be needed to get one or both parties to comply with discovery requirements in this case.
If You've Already Tried It
Maybe you thought mediation sounded like a great idea at the beginning but after multiple attempts it became apparent that the divide between the parties is just too great. When this occurs the mediator may try his hardest, but much like trying to fit a square peg through a round hole, it just won't work. Along those lines, if mediation was used, and an agreement was reached but one of the parties broke it, it may be time for litigation.
Rather than let someone else decide for you, it's a good idea to start the divorce process by considering your options, whether it be litigation, mediation, or perhaps something else. If you need help deciding if mediation is for you, visit this helpful website or
contact Richard Ross Associates today.