Some California couples may decide to get a divorce but have not started the process due to the cost. However, mediation may be cheaper than a typical divorce. Even better, if both former spouses can work together, they could have their divorce finalized much more quickly so that they can move on with their lives. However, there are certain cases where mediation may not work.
Mediation only works as intended when both individuals can have calm discussions with each other, especially when they are determining how to divide up their marital assets. For example, mediation will not work if one or both parties cannot stand up for themselves. People will have to speak up about what they feel they are entitled to. Further, if the spouses can't communicate about their future needs or the two cannot come to an understanding, a traditional divorce will be more beneficial.
Further, mediation is not recommended if the former spouses have a history of abuse. It can be difficult for those to discuss their needs if they fear abuse in the future or if they are concerned with becoming involved in criminal activity once the divorce is finalized. Finally, mediation will only work if both individuals believe that going through the process will allow them to come to a clear resolution.
Those who are looking to finalize their divorce through mediation will work with a trained and impartial mediator. However, both parties are still entitled to have the advice and counsel of their respective family law attorneys throughout the process.