3. Mediation: Should All Cases Be Mediated?

Absolutely not. Mediation is not always appropriate. There are many divorce cases in which the parties and their attorneys can do perfectly well in working out a settlement. Contrary to popular belief, significant percentages of divorcing couples are very capable and willing to work out their differences in a reasonable manner.

Likewise, there are those cases that are so deadlocked that it is obvious to all involved that settlement discussions are a total waste of time and money. Additionally, there are litigants who know that mediation is not going to resolve anything, but use the mediation process as a tactic to delay the case, demoralize their opponent, or as a discovery tool.

Robin M. Green, Divorce: When It’s the Only Answer (The Ordinary Mortals Guide, Inc., 2005), Chapter 14, pp. 206.