For many divorcing couples, mediation provides an avenue for discussing and negotiating the terms of a divorce settlement, helping them avoid the complications of courtroom litigation. When mediation is appropriate, it can provide many benefits, including saving substantial time and money, increased participation from both parties, and a resulting divorce judgment that reflects the needs and desires of everyone involved.

While mediation can certainly be a very valuable tool for a couple in the midst of a divorce, the process is not always the best choice. In some cases, mediation may even prove to be detrimental to reaching an equitable resolution. You may want to consider litigation for your divorce if:

1. Your Spouse Does Not Want a Divorce

As form of dispute resolution that is available in virtually every type of civil proceeding, mediation typically allows competing parties the opportunity to hammer out an agreement that reasonably meets the needs of everyone involved. This holds true in a large number of arenas, including personal injury concerns, business disputes, and, of course, divorce and family law. Perhaps the biggest advantage to seeking mediation in your divorce or child-related matter your ability to be clearly heard throughout the process, a luxury not necessarily afforded in many court-handled cases.

Strict Legal Guidelines

While the statutes regarding divorce and family law are constantly being updated to allow for more individual consideration, the fact of the matter is that a court can only do so much. A presiding judge is expected to take into account an ever-growing list of circumstantial considerations, which may include those related to each spouse and the children involved. To truly appreciate a family’s situation, a judge would need to review the case for hours and hours, discussing intimate details with each party, and doing so is clearly not a realistic expectation. Thus, court decisions are often based on a very limited understanding of the facts, and only those each party remembers to include in presented documents.

According to a recent study by the Pennsylvania State University and chronicled by edivorcestatistics.com, women reveal that growing apart and losing common ground with their spouses remains one of the top five reasons most consider contacting a divorce attorney.

Surprisingly, more couples are turning to divorce mediation as a means to dissolve a lackluster marriage. It is less intrusive than formal divorce proceedings and may ease the pain of filing for divorce. However, debunking some of the myths of mediation, prior to contacting a mediation divorce attorney, may prove helpful in the end. A recent article highlights the misconceptions attached to divorce mediation. And if you are considering divorce and your personal situation does not involve physical or emotional abuse, substance abuse problems, or hidden personal assets, divorce mediation may be the right choice for you.

Choosing a Mediator