Yes, there are certain circumstances in which a good moderator will halt or permanently terminate a divorce or child custody mediation—and you must trust that stopping mediation to deal with a related issue is probably the best choice for you and your family. In general, a mediator will only stop or suspend a mediation session if the safety of someone in the family is threatened or if continuing the mediation would not fairly serve both parties.
First and foremost, a mediator will stop a mediation session if she believes that either party or their children are in danger. For example, if one party threatens another party, or threatens to harm or abduct the children involved in the divorce, a mediator will not continue and will alert authorities if they need to under the law. In addition, if the mediator sees evidence of domestic abuse, child abuse, or child neglect, they will also halt the mediation sessions and may be legally obligated to tell police.
A mediator will also stop the mediation process if she believes that the process is no longer fair to both parties. For example, if the mediator feels that she can no longer act as a neutral third party or that she is biased toward one party, mediation will stop. Likewise, the mediator may stop mediation if she feels that the final settlement is unfair to one party or if one party is using mediation to take advantage of the other party.
Are you considering divorce mediation in Washington, but would like a lawyer to guide you through the process and make certain your rights are protected? Call the Law Offices of Molly B. Kenny today: 425-460-0550.