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Leesburg Divorce Attorney > Blog > Mediation > When Mediation Does Not Work In A Virginia Divorce

When Mediation Does Not Work In A Virginia Divorce


There are important issues that must be resolved when getting a divorce in Virginia. Decisions made during divorce proceedings can impact your financial security, your relationship with your children, and your overall well-being for years after. Mediation is an option that can help you reach mutual agreements on these and other divorce-related matters. Our Virginia mediation attorney explains the advantages and circumstances that could prevent it from being an option in your case.

The Advantages of Divorce Mediation

In any type of divorce proceedings, matters pertaining to money, property, and children must be addressed before you can move on with your life and have a final divorce order issued. Mediation is an important option to consider and allows you to reach mutually beneficial agreements while avoiding additional court hearings.

Mediation is a common type of alternative dispute resolution (ADR). Under the Virginia Code, you may be referred for mediation by the court, depending on the circumstances involved in your case. Advantages of attending mediation rather than going to court include:

  • Allows you and your spouse to reach personalized agreements on potentially sensitive matters, rather than relying on the judge to make a decision;
  • Can save time, preventing you from waiting for hearings that are often scheduled months in advance;
  • Saves money in court costs and other legal fees;
  • Requiring you to work together to resolve divorce-related matters, mediation can lay the groundwork for amicably resolving any future issues that may arise.

When Divorce Mediation Is Not An Option

There are numerous advantages to resolving divorce conflicts through mediation. However, there are some situations in which it may not be an option. These include:

  • There are accusations of domestic violence on the part of either party involved;
  • There is an imbalance of power in the relationship, such as when one spouse has significantly more income, property, or assets than the other;
  • When one of the spouses suffers a personality disorder, addiction, or other issues that make them impossible to reason with;
  • When either of the parties insists on making a divorce a battle and flatly refuses to cooperate.

When divorce mediation does not work or when circumstances surrounding your case prevent it from being effective, your only option may be to take your case to court. A Virginia Domestic Relations Court judge will then decide matters such as equitable division of marital property, child custody and support, and whether spousal support and maintenance are awarded.

Request A Consultation With Our Virginia Mediation Attorney

Mediation can provide numerous advantages when getting a divorce. However, it is not always an option, and you may need to go to court.

At Schwartz Kalina, PLLC, we can thoroughly review your case and determine whether mediation may be in your best interests. Our  mediation attorney guides you through the process, making sure your rights are protected. To find out more about mediation and other divorce-related matters in Virginia, call or contact us online and request a consultation today.




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