No divorce is going to be completely amicable. In fact, the reason divorce mediation is needed to begin with is that there are at the very least “irreconcilable differences.” However, sometimes the root problems in a marriage run much deeper and carry a significant emotional charge. These are abusive and exploitative relationships.

Family Mediation with an Unbalanced Dynamic

There has been much debate about what constitutes abuse and exploitation. It is not always as clear-cut as physically beating someone up. The common thread in these behaviors is that the power dynamic in the marriage is one sided. Depending on the severity, some mediation services will not see cases where exploitation or abuse are involved.

The problem is that this kind of dynamic presents the potential for an uneven playing field in the mediation. When one party is intimidated by the other and there are no safeguards, they can be completely taken advantage of in the course of the mediation. Being properly prepared can help defuse this situation.

Mediation Attorneys Make the Difference

A systematized approach to mediation is one important part of ensuring equal treatment during the proceedings. This can be greatly facilitated by having mediation attorneys. Attorneys are professionals at compiling a case, and are absolutely essential in cases of intimidation.

Another major problem when one party is intimidated by another is being assertive when presenting their side of the story. One harsh look (much less actual threats) from the dominant partner can all too often silence the submissive partner. Again, in this kind of emotionally charged atmosphere, divorce mediation goes much more smoothly with an attorney presenting. When in the process of escaping fear, continuing to be afraid is okay, even natural. Letting that fear conduct the direction of a mediation, however, does not lead to “mutual agreement.”