Mediation works for many divorcing couples, but not for some. Mediation works best for spouses who are able to speak up for what’s important to them, and can maturely handle themselves during the process. For some couples, mediation may not offer enough structure and guidance.
Couples with a history of domestic violence or verbal abuse may need to have lawyers speak for them instead of trying to negotiate directly. In addition, some spouses may be unable to settle and compromise, and prefer to assume cost of litigation in order to assert a legal right.