Mediation can be an excellent choice for many couples seeking a divorce in Washington State. In fact, many couples can save time, money, and face by choosing to resolve their conflicts and to divide their property with the assistance of a divorce mediator. However, it is still important to be aware of the cons of divorce mediation, especially if you are heading into the mediation process. Here are four points to consider:

  1. If mediation fails, your divorce may be longer and more expensive. You probably often hear that mediation can save you a significant amount of money and time when compared with a court divorce. However, this is only if mediation actually works. If mediation fails, the money you put into the process is lost, and you then have to pay for a more traditional divorce.
  2. Mediation could be a continuation of the conflicts you had during marriage. Mediation is a good choice for couples that are able to compromise, empathize, and work together toward a common goal. Unfortunately, many couples that are going through divorce are doing so because they are not great at communication and compromise. In some cases, mediation will simply exacerbate conflicts that led to your divorce in the first place.
  3. If both parties aren’t truthful, assets could remain hidden. Mediation greatly relies on the honest and truthful participation of both partners. Because you voluntarily reveal financial information during mediation (instead of secured with a subpoena) there is a chance that someone can hide assets that should be divided between the parties.
  4. The final mediation result could be unfair. In a court divorce, a judge is in place to make sure that both parties are treated fairly. In mediation, there is a chance that the outcome that you agree to is not fair or just, due to a biased mediator, a manipulative spouse, or even a simple misunderstanding of the agreement.

The above possible issues with divorce mediation aren’t meant to scare you away from the process; they should simply make you aware of the common complications and problems that couples fail to consider before entering into mediation. Just knowing about these issues can help you avoid them.

Do you need the assistance of a Seattle family mediation attorney? Call Molly B. Kenny today: 425-460-0550.

Molly B. Kenny
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Divorce and Child Custody Attorney Serving Bellevue and Seattle Washington