Mediation May Not Be Best For a High-Asset Divorce

When it comes to dealing with divorce proceedings, you may want to try to find the quickest and easiest way to complete the process. However, if you are part of a high-asset divorce, taking the necessary time to address the particulars of your case may offer more benefits. Still, you may wonder whether an alternative dispute resolution method, such as mediation, could work for your case.

Though mediation does have numerous benefits, the process does not suit every divorce case. This alternative dispute resolution method offers the opportunity for you to have more control over the proceedings, but your control may not always result in the best outcomes.

Lack of legal tools

As someone who has achieved wealth and success through running your own business or other independent means, you may relish the idea of retaining control of the process. However, if you do not have extensive legal knowledge, your desire for control may hinder your divorce process. With mediation, you and your spouse work with an outside party to come to agreement terms, but even if you have an idea of the outcomes you desire, you may overlook problematic aspects of your goals.

With formal court proceedings, an attorney experienced in high-asset divorce can utilize various legal tools to ensure that all parties disclose useful information that a mediator may not have. This information could play a significant role in making sure your assets remain protected or in addressing other concerns you may have.

Lack of fairness

Though you may think mediation could act as a fair route for coming to terms as both you and your spouse could have a say in the agreement, the proceedings may not go as fairly as desired. If your spouse has a boisterous personality, he or she may attempt to take over the proceedings in order to gain a more favorable outcome for him or herself.

Lack of agreement

One of the major reasons mediation may not work for your case involves your ability to agree with your spouse. If one or both of you refuse to compromise and negotiate on settlement terms, the odds remain high that mediation may not result in reasonable outcomes. As a result, you may still need litigation in order to have a judge give a ruling on certain areas of your case.

Lack of assistance

Mediation does utilize an outside party to help guide the decision-making process along, but you may not have the legal assistance needed to ensure that you obtain the best outcomes. Therefore, you may wish to consider other high-asset divorce avenues and explore the option of gaining professional legal help. An experienced Colorado attorney could assist you in finding the best routes for your case and strategies for addressing the particular concerns of your situation.


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