Disadvantages of Considering Mediation Instead of Taking Divorce to Court

Disadvantages of Considering Mediation Instead of Taking Divorce to Court

Mediation is an option for couples who are considering divorce. One of the main reasons to consider mediation is that it’s less expensive than a drawn-out court case. However, there are some disadvantages to mediation though. Therefore, it is highly recommended to talk with a Columbus divorce attorney before making a decision about mediation so you can make an informed choice about your legal rights and responsibilities. 

This post discusses the main disadvantages of considering mediation instead of taking a divorce to court.

  1. Mediation does not always result in a settlement agreement

Many couples believe that if they go through mediation, they will be guaranteed to reach an agreement. However, mediation is not a process that guarantees that you will reach an agreement. Mediation is an approach to settling a dispute that is voluntary and allows for flexibility. However, you have no guarantees about the outcome of your dispute since the mediator does not have the ability to make decisions for you.

  1. Legal precedent cannot be set in mediation

One of the most common problems in mediation is that the mediator is not able to change the legal precedent. The mediator has no power to alter these laws. Therefore, mediation is a  time-consuming and inefficient process because both parties must first agree on a way to proceed and then they must come back together with their agreements to see if these agreements are still valid.

  1. Mediation lacks the procedural and constitutional protections guaranteed by the federal and state courts

 A legal dispute needs to be resolved in a court of law. This is because these courts have the authority to enforce the laws and make decisions based on the evidence that is presented. However, mediation does not have this type of power. The mediator cannot impose new rules or procedures and cannot take into consideration all the evidence that has been presented by either party.

  1. Mediation has no formal discovery process

There are no formal investigations in mediation and neither party is entitled to get all the information that they need to make an informed decision. Mediation is not a legal proceeding. Therefore, neither party has the right to get all of the information they want or to ask certain questions of their attorneys. These rights are limited in mediation and there are no rules or procedures that guarantee any discovery.

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Skye Marshall

Ivy Skye Marshall: Ivy, a social justice reporter, covers human rights issues, social movements, and stories of community resilience.