Mediation is one of the options Kentucky couples who marriages are coming to an end have to achieve resolutions to their various legal issues. However, there are situations in which individuals who are going through a divorce should rely on an attorney who has litigation experience instead of using mediation.
Mediation should not be used as a method to resolve issues when there is a history of domestic abuse. Many social scientists believe that abusers typically are unable to have empathy for their victims. In a mediation setting, it may be difficult to have an abuser consider the perspective of his or her victim. In these cases, it is important that both parties have legal representation to advocate on their behalf.
Both parties also have to be willing to compromise in order for the mediation process to work. If one party is not willing to take into account the other party's point of view or at least listen to different opinions, mediation can be a failure.
Individuals who are unable to advocate for themselves should opt for an attorney instead of going through mediation. Without someone to protect their rights and interests, individuals may be coerced into agreeing to unreasonable settlement terms that can not only harm them, but their children as well. Time is another factor in choosing an attorney over divorce mediation. The mediation process can last a long time as its goal is not speed, but rather to do what it takes to arrive at mutually agreeable resolutions. People wishing to get the divorce over with as soon as possible might prefer litigation. Another method of coming to an accord on the applicable divorce legal issues is negotiations. In many cases the couple's respective family law attorneys can take the lead in trying to reach an overall settlement agreement.