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Litigation and mediation serve different types of divorces

It can be extremely hard to find common ground with someone who has different ideas of what is right and wrong. It can be even more challenging to settle disputes when the parties to the dispute have deeply rooted and personal conflicts. These types of interpersonal challenges can exist when California couples choose to end their marriages in divorce, and for this reason, some divorces are more confrontational than others.

This San Francisco family law blog has offered prior informative posts on the topic of divorce mediation. Mediation puts the power of making divorce-related decisions in the hands of the parties and can provide individuals with more satisfactory resolutions to their divorce-related issues. However, mediation may not be an effective way for all couples to terminate their marital relationship.

In situations where a party to a divorce may negotiate in bad faith, mediation may not be the most effective tool for ending a marriage. Bad faith can include but is not limited to hiding or lying about property values, failing to acknowledge the other party's fitness for custody, or engaging in other falsehoods that may make settling divorce-related decisions next to impossible.

Mediation may not work for couples when coercion or intimidation is present in marital relationships. If a person cannot speak openly about their divorce concerns and ideas because they are afraid of their partner, they may not be able to reach a fair settlement.

Different paths to divorce exist so that different couples may find the best way to end their legal relationships. Attorneys who offer traditional and alternative paths to divorce can offer their clients different perspectives on what types of divorce may serve their needs.

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NACHLIS & FINK

Nachlis & Fink
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San Francisco, CA 94102

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