Sacramento, CA family law attorney Mary Molinaro talks about the pros and cons of choosing mediation in a divorce. The advantages of mediation include its status as typically the least expensive option for navigating the divorce process. It is client-directed, which allows the parties to maintain control over the process, its duration, and whether or not they reach an agreement. Additionally, mediation is confidential, much like collaborative divorce, ensuring that personal issues remain private.

However, there are several disadvantages to consider. Mediation may not be suitable in situations where there is a significant power imbalance between the parties or when one person possesses considerably more knowledge than the other. This limitation exists because it is not the mediator’s responsibility to create balance in the process. If one party is particularly vulnerable and requires additional support, or if there are concerns such as domestic violence, serious mental health issues, or substance abuse, mediation may not be the appropriate approach.

Another drawback is that, similar to collaborative divorce, if mediation fails, the parties must begin anew in another process, such as litigation, and they cannot use the mediator in court to assist in resolving their issues.