Divorce mediation offers a collaborative alternative to traditional litigation for resolving marital disputes. However, this process is not without its drawbacks. Unequal bargaining power, where one party may be more assertive or possess superior knowledge of finances, can lead to unfair settlements. Furthermore, if one party is unwilling to compromise or lacks good faith, the process can stall, resulting in wasted time and resources.
Mediation’s appeal lies in its potential to reduce conflict and associated legal costs, offering a more amicable resolution compared to adversarial court battles. Historically, mediation has been employed in various forms across cultures as a method for resolving disagreements. However, the success of mediation depends on the willingness of both parties to engage honestly and openly. The effectiveness is also contingent on the mediator’s skills in facilitating communication and identifying power imbalances.
