Individuals who cannot properly advocate on their own behalf will need an attorney. Going into mediation and not being able to stand up for one’s own wishes can result in accepting settlement terms that can harmful for the individuals and their children. Marriages with a history of violence should not be resolved through mediation. Social science indicates that abusive partners are not inclined to empathize with the people that they abuse. It is highly unlikely that they will properly consider the other party’s point of view about the relationship for mediation to work.
Litigation may also be a better option for individuals who want to get a divorce as soon as possible. Mediation is not focused on speedy results, but rather taking the time necessary to hash through the applicable divorce legal issues. Another alternative, though, could be negotiations led by the couple’s respective family law attorneys.