Are there any situations where litigation is preferred over divorce mediation?
Some divorce mediators feel that divorce mediation is not appropriate in cases involving a high level of anger and conflict. This opinion is based on the mistaken assumption that litigation offers “protection” that is unavailable in divorce mediation. In fact, just the opposite is true. Litigation is an adversarial process that intensifies anger, blaming, and defensiveness, thus making the problems worse. Divorce mediation, on the other hand, provides a safe environment where the spouses can express feelings, clarify issues, and focus on the future, rather than on blame for the past. Divorce mediation thus helps to ease tensions and make it possible for the couple to work towards the common goal of getting on with their own lives.
