In some divorce situations, the courts may declare that divorcing spouses mediate their divorce before they turn to litigation. This does not work for every couple, and in fact there are cases where mediation will do more harm than good. Like collaborative divorce, mediation depends on the good faith of both partners. If one spouse abuses the other, then this will make it impossible for the couple to work out a sound decision regarding divorce through mediation.
A victim of domestic abuse can formally object to the mediation on the ground that it is not safe to participate in a meeting with the other spouse. Sometimes, the courts may require that the petitioning spouse show prove of the dangers imposed by the other spouse. In some extremes, the victim can file a motion objecting constitutional grounds. This means that the victim of abuse can claim that his or her right to associate with a lawyer is being jeopardized by required mediation.
In most cases, the court will be understanding about mediation and will only use this method in situations where it seems that it will be helpful. However, if you have been asked to participate in a divorce procedure involving mediation and you don't feel comfortable, you may want to get your own lawyer involved. If the court seems unsympathetic to your situation and still insists that you still participate in mediation, a skilled Los Angeles divorce attorney may be able to help you work through this issue effectively. Don't hesitate to call the Los Angeles divorce attorneys at Claery & Green today if you want to discuss this issue!