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Divorce mediation may not work in a couple of situations

Navigating the dissolution of a marriage in Massachusetts can be challenging, especially when the two spouses who are splitting up are at odds regarding matters such as the distribution of assets. When discussions get heated, going to divorce trial may be a couple's only option. However, mediation may be possible if a couple can find common ground. Still, mediation may not be effective in a couple of situations.

First, mediation may not work if one of the parties wants the other one to lose. For instance, perhaps the husband does not want the wife to go on vacations with the children at a time that is convenient for her and the children, simply because he wants to mess up her vacation plans. When revenge is in the equation, mediation may not be fruitful.

Mediation may also not be expedient if two spouses are in a hurry to get through the divorce process. Mediation may take a few sessions, depending on how long it takes for the couple to determine what to do about their property or about their children's custody arrangement. Time is an essential element of divorce.

With mediation, two divorcing spouses may be able to come up with an agreement that pleases both parties without further court intrusion. Thus, divorce mediation offers the benefit of being less acrimonious and stressful compared with traditional divorce litigation. An attorney can explain the mediation process and help one to achieve a personally favorable settlement during this type of family law process in Massachusetts.

Source:, "8 Signs You Should Skip Mediation and Head Straight for the Divorce Lawyer", Leigh Anderson, Aug. 11, 2017

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