Circumstances exist where facilitated negotiation between divorcing parties proves unsuitable. This unsuitability arises when certain factors compromise the fairness and safety of the process. The goal of mediation is a mutually agreeable outcome, but achieving this requires a level playing field and willingness to compromise from both individuals. If such conditions are absent, alternative dispute resolution methods may be more appropriate.
The value of divorce mediation lies in its potential to reduce conflict, save costs, and empower individuals to control the terms of their separation. Its historical rise reflects a shift from adversarial court battles toward a more collaborative approach. However, realizing these benefits depends on the ability of each party to participate freely and make informed decisions, which can be undermined in specific scenarios.
