Insights Into How Our Legal System Works

Insights Into How Our Legal System Works

What To Do When Your Spouse Refuses Divorce Mediaiton

by Yolanda Lane

Divorce mediation provides a way for you to handle divorce without court proceedings. An impartial mediator gives you advice on legal matters instead of settling in court and they try to help you reach a mutual agreement. However, you may find yourself in a situation in which your spouse refuses. The following tips can help you if your spouse refuses divorce mediation.

Explain the Benefits

Explain the benefits of divorce mediation to your spouse. If you have minor children at home, tell them settling out of court is better for the children. Children are often traumatized by seeing two parents battle each in court. Divorce mediation lets the children know you are working things out in peaceful manner.

Mediation is less expensive than court. Both parties can keep more of what they worked so hard to build. Mediation proceedings are not public record so know one knows what you are doing. You and your spouse have more control of how things turn out as opposed to a solution enforced on you.

Find Out Their Concerns

Besides just stating the benefits, ask your spouse about any concerns they have. Some of the concerns can easily be addressed. For example, it could only be a manner of wanting to protect their interests with their own attorney before agreeing to anything.

Though you have explained the benefits, they may not regard you the best source of information. If that is the issue, encourage them to meet with an unbiased third party such as a pastor, mediator, or counselor. This will refute any doubts they have about your claims.

Let Your Spouse Help Choose the Mediator

Do not try to force a mediator on your spouse. Choosing a mediator on your own with no input will make you look suspicious. Write down a list of names together. If the same name appears on both of your lists, then that is the one you should choose.

Determine If Mediation is Right for You

There are some situations in which you should not consider mediation. Mediation is not ideal for non-speaking couples or victims of domestic abuse. Court is also the better option if both of you harbor angry feelings or at anytime you feel the mediator is siding with your spouse.

Hopefully, you can sway your spouse into seeing the advantages of divorce mediation. Be patient and do not press the issue too hard.  Even if the case does not go to court, it is still helpful to have a lawyer, like those at Mauro Savo Camerino Grant & Schalk, to give you advice.


About Me

Insights Into How Our Legal System Works

Hello, I'm Christina Miller. Have you ever been fascinated with why the law works the way it does? Ever since I was in junior high, I had an intense interest in anything related to our legal system, whether it be a crime drama on television, a judge show or a legal case covered on the news. I followed it all. As time progressed, I began learning about how the actual legal system worked and not just the fictionalized version of our legal system. This has lead me to start writing my own blog posts about law that I hope will help others.