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When would divorce mediation not be the best option?

As more Louisiana couples shy away from the traditional courtroom option to end their marriages, some couples still need the help of a judge to resolve their issues. Not all couples can use something like divorce mediation. In certain instances, the choice to go to court is still the best one.

For instance, an issue could arise that the parties are unable to agree on, even with help. In those cases, each party can present his or her side and then let the judge make the final decision. If one spouse had more power in the relationship, having the court involved could help even the playing field. In mediation, a controlling spouse may continue to exert that control over the other party, which could result in a settlement that does not benefit both parties.

In some cases, issues of domestic abuse make sitting down at the negotiation table unwise. Whether the abuse is against the other spouse or the children, the victims can use the protection of the court in order to end the marriage. Trying to negotiate under these terms would not necessarily be advisable since it could place the victim spouse and/or children at further risk.

If Louisiana couples can use divorce mediation, it may provide a more satisfactory settlement in the end. However, if it is not the right choice, neither party should feel compelled to participate due to any societal or familial pressures. The courts remain a viable option for resolving divorce issues, and when a couple needs those services, they should not hesitate to use them.

Source:, “When Divorce Litigation is Inevitable,” Sinta Ebersohn, Oct. 6, 2017

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