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Who should NOT mediate?

FAQ written by Christine Kerian, an experienced mediation lawyer and the principal of Harmony Family Law Mediation Group in Los Angeles, CA.

  • Domestic Violence

In cases where there is a history of domestic violence and/or abuse, the parties will generally not be able to express themselves and speak freely to further the mediation process.

  • Concealment of Assets

Mediation is a process which requires a full and fair disclosure of assets and liabilities, as well as an exchange of information with ease. To make good agreements, parties need adequate and accurate information. If a spouse is hiding assets or a spouse believes that the other is hiding assets, then the process of mediation will be hampered by the distrust and suspicion.

  • Unequal Bargaining Positions

Cases where one party lacks the sophistication regarding financial matters and is in a greatly disadvantaged bargaining position.

  • Emotional Intimidation

In cases where one person feels intimidated or dominated by the other, he/she will not be able to sit in the same room with his/her spouse and speak freely to express thoughts and negotiate.

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