When Is Divorce Mediation Not Recommended?

When a marriage comes to an end, many couples may view mediation as the best way to resolve their divorce. The appeal of mediation is that this process offers a path for couples to divorce amicably. However, there are a few scenarios detailed below where mediation is not recommended.

What To Know About Divorce Mediation

Divorce mediation is the process allowing divorcing couples to meet with a professional-trained, unbiased third party to talk about and resolve typical divorce-related matters. Mediation is usually less strenuous and less costly than divorce trials, and it typically proceeds a lot quicker. Since each of you have last word over the divorce matters, mediation also enables couples to retain the power and control in their divorce, in lieu of asking a judge to make a decision.

Mediation allows both of you the chance to hone your communication skills, even under circumstances in which a lack of communication was a cause for the marriage’s demise. With the assistance of a trained professional, even the most communication challenged spouses can be successful in mediation.

For many couples, working alongside your spouse and a mediator could be just what you need to get a divorce with as little disagreement as possible. However, mediation is only going to work if you and your spouse are in agreement. You are more likely to have a constructive mediation when all or a lot of the below statements are true.

When Is Mediation Not Recommended?

Lack of transparency and/or commitment to the process are two things that can ultimately derail mediation talks. It’s crucial to always work with an experienced divorce attorney before proceeding with mediation. Let’s look at a few scenarios where mediation may not be your best option.

When One Spouse Resists The Process

Since mediation is an out-of-court process, there are no court deadlines or rules. This means that if one spouse elects to drag their feet or refuses to meet their commitments, mediation may not be the best process for your situation.

For instance, one spouse may choose not to do their work between meetings or keeps rescheduling mediation sessions. Sometimes this happens when one spouse wants to avoid the divorce at all costs. Both spouses need to be full, active participants in this process.

Transparency Concerns

Transparency plays a vital role in this process, ensuring it remains fair for both parties. When the process stays transparent, it will allow each party to have a clear understanding of everything that is being discussed.

Since mediation does not feature the formal discovery process, both parties need to be completely transparent, at all times. If one spouse is not transparent, the settlement reached could be viewed as unfair or inequitable.

Domestic Violence Is Involved

Alongside divorce mediation comes the requirement for ongoing meetings involving each of the spouses, the mediator, and maybe attorneys. When you both have a history of domestic violence, a lot of mediators will not take your case on since it’s challenging to have both spouses according to plan.

It’s also difficult for the mediator to establish if the victim agrees to the settlement for reasons of fear or coercion from their abuser. In the states that have a requirement for mediation, if you can prove a history of domestic violence, the court is going to excuse you from the mandated sessions.

Complex Financial Situations

Divorce typically involves complex financial situations, such as investments, assets, and even business ownerships. In this event, a standard mediation process may not be the best option moving forward.

Divorce attorneys may recommend that you get a financial expert involved in this process to ensure the division of assets remains fair. It is very possible to navigate through tough financial issues in mediation, but you’ll have to do it thoughtfully with the help of an experienced attorney.

Significant Power Imbalance

It’s no secret a significant imbalance in power between the spouses can pose quite a challenge in this process. It can be quite difficult to level the playing field if one spouse has a history of controlling or manipulating the other spouse.

If the power dynamic remains the same, it could lead to an unfair or inequitable settlement agreement when all is said and done. It’s best to meet with an attorney ahead of the process if a power imbalance does exist in your relationship.

Source: 

1. 1. 1. “The Red Flags: Times When Divorce Mediation May Not Be The Best Option.” Retrieved on November 25, 2025 from https://freedmarcroft.com/the-red-flags-times-when-divorce-mediation-might-not-be-the-best-option/

Ogborne Law, PLC In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.