When is Mediation Not Appropriate or Likely to Be Unsuccessful in Pennsylvania?

At face value, divorce appears to be the formal process by which a couple terminates their union. Many fail to realize that issues regarding property division, alimony, child support, and child custody must be decided upon.

Many couples willing to hear the other side’s perspective prefer to resolve their issues outside of the courtroom through a process known as mediation. Mediation may be the right choice when both parties have an ongoing relationship and mutual respect. However, certain red flags may indicate that mediation will likely be unsuccessful.

Our mediation attorneys in Harrisburg, PA, understand which factors may work in favor of and against the mediation process, allowing you to make an informed decision about your circumstances.

What is Mediation?

Mediation is a structured process by which you and your spouse address any issues you cannot agree with. The process involves a neutral third party facilitating communication between both parties to reach a mutual agreement on issues. Mediation is a form of alternative dispute resolution, which allows a couple to consent on issues without stepping foot in a courtroom. For mediation to be successful, both parties must listen to the other person’s concerns and openly share financial statements and accounts.

Unlike arbitration, which sometimes may be court-ordered, mediation is voluntary. If you and your divorcing spouse cannot agree, you can walk away, leaving any issues unresolved. Although neither spouse must accept the other proposal, the process becomes binding upon signing a mediation agreement.

When is Mediation Recommended?

Mediation may be recommended if you and your divorcing spouse are:

• Planning on having an ongoing relationship (which is common when a divorcing couple shares children)
• Open to considering differing viewpoints
• Genuinely interested in reaching a resolution
• Concerned about maintaining privacy
• Hoping to maintain control over the outcome of your case
• Interested in seeking a fast and inexpensive resolution
• Able to hold an objective viewpoint on the situation
• You and your spouse have a straightforward situation

When is Mediation Discouraged?

Mediation may be discouraged if the following situations apply:

• You and your partner are not interested in compromising.
• Existence of collateral issues that unfairly favor one party over the other.
• The circumstances of your situation are unique and could establish a precedent for future cases.
• You and your spouse need more time to consider alternative options.
• Emotional conflict prevents you and your spouse from having open communication.
• There is a substance abuse issue that hinders cooperation.
• If there is a history of domestic violence between you and your spouse.
• You and your spouse have a complicated financial situation (for example, one spouse owns multiple businesses or has multiple investments).
• Either spouse hides his or her financial situation.

Compassionate and Skilled Counsel

Embarking upon divorce is not a decision that most couples take lightly, but one that typically comes after hours of discussion. If you and your spouse are considering divorce or have already retained counsel, you may still be able to consider mediation to resolve your differences. At Purdy Law Office, we provide a relaxed but structured atmosphere that allows couples to discuss their differences in opinion to obtain common ground openly. Our office has assisted numerous clients in various financial situations through the stress of divorce and is happy to help you.

Our Mediation Lawyers in Harrisburg Are Here for You

If you and your spouse have decided to part ways, our Harrisburg mediation attorneys are here to support you in any way we can. At Purdy Law Office, we understand you are dealing with a difficult time. Our legal team is committed to helping couples and families with significant life transitions. To arrange your consultation, contact us online or give us a call.