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Are there any disadvantages associated with divorce mediation?

Once couples in Tennessee reach the conclusion that divorce is what they need to move forward, they will have to make decisions on how to proceed with this goal. For some couples, courtroom litigation is the best choice and for others, divorce mediation meets their needs. A good way to determine which option will work best for each couple is to look at the pros and cons of divorce mediation.

This blog has already addressed the advantages of mediation. To avoid rehashing what is readily available for readers, here is a brief list of why this process is effective for many couples:

  • More affordable than litigation
  • Reduces conflict for kids and parents
  • Protects the family's privacy
  • Typically faster than litigation

Like any legal solution, divorce mediation can have several disadvantages. A few examples of the cons associated with mediation include the following.

  • When mediation attempts fail, couples must often turn to expensive litigation
  • Some important truths may remain hidden in a mediated divorce
  • If domestic abuse is an issue, the abused spouse may not come out of the process better off
  • Power imbalances may occur if one spouse is aggressive and the other is timid

With that said, it takes a skilled mediator to make sure the process remains in balance and does not seem to favor one spouse over the other. Lawyers who have received special training and education in divorce mediation usually do a good job of preserving balance throughout the mediation.

If you are still not sure which option to choose in ending your marriage, consider presenting your case to a family law attorney. This can provide you with insight into how divorce mediation may help you make the split as cleanly as possible.

Source: FindLaw, "What are the Disadvantages of Mediation?," accessed June 07, 2018

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