Young beautiful couple fighting at home, boyfriend shouting at girlfriend, she puts her hand on her head.

When Is Divorce Mediation Not an Option?

When filing for a divorce, the ideal situation is having the ability to negotiate with your spouse. Working together to reach an amicable resolution causes less stress for the couple and allows them to end their marriage in a timely and cost-effective manner. However, it is important to note that negotiation-based approaches like mediation are not plausible for every couple.

How can you know if mediation is not right for you? Mack & Santana Law Offices, P.C. can help explain.

Do You Both Agree on the Divorce?

Delivering the news that you want to file for divorce to your spouse is challenging. It is even possible that the other party refuses to recognize the separation or does not want to move forward. When an individual does not want to budge or face the divorce head-on, it is difficult to negotiate with them. In these instances, it may not be reasonable to attempt mediation.

Is Having Conversations Possible?

Some couples may have difficulties communicating with one another overall. In some situations, these communication difficulties may have also contributed to the end of the marriage. Regardless, communication is a key component of mediation. You must be able to have a productive conversation about what you feel is the best resolution for all involved.

Can You Advocate For Yourself?

During mediation sessions, it is important that you are able to stand your ground and speak up for yourself. If your ex-spouse is used to walking all over you or dominating conversations, they may continue to do so during mediation. However, you should consider if you can voice what is best for you, along with the assistance of an experienced mediator.

Do You Both See Eye to Eye?

Along with having conversations, you will have to be able to eventually make compromises. It is not likely that the resolution will be in complete favor of one party over the other. Instead, it will be necessary for the couple to make reasonable compromises to reach an amicable and reasonable resolution.

What Caused the End of the Marriage?

What contributed to the end of the marriage is also crucial to consider. Was one partner abusive? Is there a present history of manipulation or narcissistic behaviors? Trying to enter mediation with an individual who demonstrates these types of behaviors or engages in abuse is not advisable. It is best to reduce the amount of contact with these individuals and allow legal professionals to step in.

Are You Prepared to Take Responsibility for Your Resolutions?

Ultimately, the resolutions that you reach in mediation are the work of you and your ex-spouse. Are you prepared to assume responsibility for these resolutions? Do you think you and your spouse can put in the work to reach an effective resolution? These are vital questions to answer as if you are not satisfied with your outcome, it is ultimately your responsibility.

Are There Other Viable Options?

Mediation is not the only option for divorcing couples. While litigation may have a negative reputation due to taking a case to court, it is absolutely necessary for some individuals. In fact, it is also possible to mediate some portions of your divorce and then litigate others. How can you know the best approach for your case? A good start is consulting an experienced attorney, who can provide insights on your situation and what could help you reach a resolution.

The Team at Mack & Santana Law Offices, P.C. is Here

Are you curious about mediation? Do you think it is a viable option for your divorce? If you want to learn more about the process, you should consult an experienced family law attorney. They will be able to provide you with answers that can help you determine if this is the right course of action for you.


Do you have reservations about mediation? Contact us today at (612) 712-3890 to schedule a consultation so we can help answer your questions.