Three Situations When Divorce Mediation May Not Be Appropriate

 Posted on February 18, 2022 in Divorce

Mediation can be one of the most valuable tools a divorcing couple has. When utilized wisely and efficiently, it can speed up the divorce process and make difficult areas less contentious. Spouses can benefit from mediation, but children perhaps benefit the most from the potential to reduce conflict between their parents during an otherwise difficult period. 

However, mediation is not appropriate for all divorce cases. Certain situations may make mediation unwise, unsafe, or impossible. If you are getting divorced in Illinois and are wondering whether mediation with a trained and experienced divorce mediator might be right for you, read on. 

Domestic Violence

Both parties must be committed to peaceably resolving their differences for mediation to be successful. When one spouse is abusing the other spouse, it damages whatever little trust might be left to negotiate with. It may also put the victimized spouse in the uncomfortable or dangerous position of being manipulated or further psychologically abused. Victims of domestic violence may feel unsafe or unable to speak their mind, express their concerns, or trust that their spouse is negotiating in good faith. 

Inability to Be in the Same Room

Sometimes, spouses have such a long history of conflict or bitterness that they have become completely dysfunctional in their treatment towards each other. Any contact at all sparks a fight, making mediation impossible. Other times, a spouse may refuse to cooperate or simply cannot be located. When spouses cannot be in the same room together for whatever reason, mediation will not be appropriate. 

Mental Illness or Substance Abuse

If one spouse has a serious mental illness that impairs their ability to advocate for themselves or engage in negotiation, mediation is not appropriate. This is also true if one spouse is under the influence of drugs or alcohol. Both spouses need to be able to think clearly and rationally so they can understand their options and consent to any agreement.

Schedule a Free Consultation with a Cook County Divorce Mediation Lawyer

If you are considering mediation in your Illinois divorce and have questions about whether or not it is right for you, leverage the 30 years of legal experience at The Law Offices of Curtis Bennett Ross, L.L.C. to your advantage. You can ask questions and get advice from a trained mediator and Cook County divorce attorney and learn more about how our firm can help you with your divorce, whether you pursue mediation or not. Call us today to schedule a free limited consultation at 312-984-1514. 

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000