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When mediation might not work

Wisconsin residents going through a divorce might be wondering about mediation. This is intended to be a way for couples to resolve issues and form a settlement agreement without needing litigation. While mediation can allow some couples to save time and money, other couples are less likely to benefit from this approach.

A neutral third party helps both parties communicate via mediation. This person does not make any decisions and does not have the power to enforce any agreements developed during mediation. To succeed, both parties must advocate for themselves and listen to the perspective of the other person. If one person cannot voice their opinions or attempt to see the other spouse's side of things, mediation should not be used.

It should also not be used if domestic violence occurred during a marriage. An abusive partner cannot empathize with his or her spouse. In addition, mediation might be more difficult when infidelity occurred. In order for mediation to be successful, both parties must work together to create an arrangement that benefits them, and someone who was cheated on may have trouble doing this. Even if both parties want to use mediation, a spouse may need time to process an affair first.

While it may take less time than the court process, mediation is not quick. However, this could help some couples by giving them time to heal from the emotional wounds of breaking up. When going through a divorce with children, one may need the assistance of a family law attorney. This is true even in cases where mediation is used. Attorneys may not be involved in the process, but they can still look over settlement agreements to ensure the best interests of their clients are protected. Each party should use a different attorney instead of sharing legal counsel.

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