The Disadvantages of Divorce Mediation and Collaboration

The Disadvantages of Divorce Mediation and CollaborationWhile many of our articles focus on the advantages of divorce mediation and divorce collaboration (as they certainly do exist), in today’s article, we will instead be focusing on some of the disadvantages associated with these Alternative Dispute Resolution methods.

When it comes to choosing how exactly you want to resolve your Passaic County divorce, it is important that you understand all of the options available to you, and the advantages and disadvantages of each of these options so that you and your divorce attorney can make a much clearer and more informed decision.

Woodland Park, NJ Divorce Attorneys and “Financial Disadvantages of Mediation and Collaboration”

One of the most important disadvantages specifically associated with divorce mediation and divorce collaboration is the idea that financial information will be shared and disclosed between the parties in an accurate and full manner. As these processes take place outside of the courtroom, there is no legal method by which your Woodland Park divorce attorney can compel your spouse to share specific financial information.

This means that financially savvy individuals can sometimes, should they choose to do so, take advantage of these ADR processes, and either withhold information, or share inaccurate information. When it comes to your divorce settlements like child support, alimony, and marital asset division, these agreements and their fairness to you relies on complete and accurate information, so if you have any reason to believe your spouse will try to take advantage of these processes in this way, it may be a much better choice to instead resolve your divorce in a court of law, where full and accurate information can be compelled, and inaccurate or incomplete information can be punished.

Little Falls, NJ Divorce Lawyers and “Reliance on Open Communication”

The second principle drawback to mediation and collaboration comes due to their reliance on the divorcing couple’s ability and willingness to work together and communicate. In fact, these two things are the cornerstone of these ADR methods.

While this may certainly be possible for some couples, when most people think of a divorcing couple, they usually do not think of two people who are good at communicating with one another, finding compromises with one another, and being honest with one another. In fact, many individuals enter into mediation or collaboration, then quickly realize that this kind of communication, causing a great deal of wasted time and effort.

West Milford, NJ Divorce Law Firm and “Starting Your Divorce Over”

The last main disadvantage to these ADR methods is that, if you should begin either of these processes, and then later discover that they may not work towards helping you to resolve your divorce, your mediation attorney or collaboration attorney is prohibited by law from then representing you should your divorce need to instead be resolved in court.

This means that all of the information you have shared with your attorney about you and your family’s situation, and the efforts you have made together towards finding fair solutions to these issues will all essentially go to waste, and you will need to start the entire process over again with a new attorney.

Contact Our Passaic County Divorce and Family Law Firm Today

The bottom line is that not only can deciding the key divorce issues of child custody, child support, alimony, and the division of assets often be a complex process, deciding how you want to actually resolve your divorce can often be just as difficult a matter.

At The Law Office of The Montanari Law Group, our attorneys have extensive experience helping clients to understand their options, the benefits, and disadvantages in their unique situation of these options, and ultimately to resolve their divorce and its related issues in a fair and accurate manner in towns across New Jersey and Passaic County, including Woodland Park, Little Falls, West Milford, Clifton, and Wayne.

To speak with our legal team today in a free and confidential consultation regarding your divorce, any kind of post-divorce modification or enforcement issue, or any other family law matter, please contact us online, or through our Little Falls, NJ office at (973) 233-4396.


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.