DISADVANTAGES OF MEDIATION

A. Difficult Decisions. Third parties can compel action which on very rare occasions a party to the divorce wouldn’t voluntarily do on his or her own. but recognizes needs to be done. This is possible, but the circumstances are extremely contrived and limited in application.

B. Imbalance of power. If one of the parties is weaker the other then perhaps he or she will “lose”.  A professional mediator will ensure that both parties have equal right to opinions and expression. Thats part of the job. Of course you must pick a professional mediator. It is our policy never to allow a manifestly unjust agreement, nor do we allow mental co-ercion.

The irony is that court and attorney representation is worse, because  the client accepts the attorneys views completely. The relationship is too entwined to resist  In short, choose your mediator wisely, but choose your attorney as a lamb adopts a lion!

This brings us to a key point. A mediator is often regarded with caution as the very impartiality means he is not an “ally” of either. By contrast the clients’s paid attorney is a staunch patriot, fighting the corner every step of the way.Just as the other side is remarkably taking an opposite view to your’s. Thats why you end up in court. 

C. Financially complex. If a client does not understand finances well, a financial  expert should be instructed to help explain the issues during the mediation. This is the case whether one proceeds to court or not. A mediator may also be knowledgeable within the sphere. Both parties can nominate whoever they wish to examine highly complex situations. If the matter gets to court its usual to employ Forensic Accountants, and they are extremely expensive.