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Four Reasons Mediation May Not Work For Your Dispute


There are many different forms of alternative dispute resolutions when trying to settle your divorce case. Mediation is one of them and in Florida, this is not just an option but it is often mandatory. Mediation holds many benefits for couples. It allows spouses to determine the final terms of their divorce on their own, and it is much less time-consuming and costly than litigation.

Still, even with all the benefits mediation brings, it is not for everyone. Below, our Orlando mediation lawyer outlines when the process may not work and can advise on the alternative legal options you may have when that is the case.

You and Your Spouse are Very Resentful of Each Other

Mediation requires cooperation and a desire to work together in order for it to be successful. Sometimes by the time people have started the divorce process, things have become so contentious between the two parties that they refuse to cooperate or compromise to reach an agreement. In these instances, it is unlikely that mediation will work. In these instances, an Orlando mediation lawyer can recommend alternative options, such as meeting with a mediator separately instead of together with your spouse.

You Want a Quick Divorce

Mediation is generally a faster process than litigation. However, entering this process does not necessarily mean that you will obtain a fast divorce. The only real way to get a quick divorce is to obtain one that is uncontested. During an uncontested divorce, you and your spouse must both agree to all terms of the case. If you are in disagreement about even one term, such as alimony, child custody, or child support, you must obtain a contested divorce. A contested divorce will require mediation, while an uncontested divorce will not.

If you can obtain an uncontested divorce, you can finalize your case after the 20-day waiting period. Mediation, on the other hand, usually takes four to six months but it can go on much longer.

The Divorce Involves Domestic Violence or Addiction

Certain issues can impact the success of mediation. Mediation requires the two parties to be on equal footing, without one being in a position of authority over the other. Domestic violence automatically places the abuser in a position of authority over the victim and so, mediation is not appropriate in these situations. A judge may even waive the mediation requirement in these cases. When one spouse suffers from an alcohol or drug addiction, they may also be unable to advocate for themselves properly and so, this may also mean mediation will be unsuccessful.

Our Mediation Lawyer in Orlando Can Outline Your Options

If you are considering divorce, our Orlando mediation lawyer at Anderson & Ferrin, P.A. can explain your legal options and advise on which legal avenue to take with your case. Call us now at 407-412-7041 or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.




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