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When mediation is not a good option for a couple

At some point, a Maryland couple may decide that it is time for the marriage to end. Once this decision has been made, the couple will need to decide how they want to actually go about getting the divorce. One popular method for dissolving a marriage is to go through mediation. While it certainly has its advantages, mediation is not for everyone.

In order for mediation to work, both parties have to be able to work together. This means being able to listen to the other person's concerns and accepting his or her view of how and why the marriage ended. For example, if one person is intent on playing the role of the victim and refusing to work with the other person, it is likely that the case may end up in litigation.

Because attorneys are often not in the room during mediation, both parties must have the ability to advocate for themselves. This does not mean that a person cannot consult an attorney during the process as understanding what the law allows is beneficial, but he or she will still need to be able to negotiate a divorce settlement that is valid in the eyes of the court and gives the person what he or she is entitled to.

If the couple is able to work together, mediation can be a good option for those who need to divide up their marital assets or who want to work out a parenting plan. For example, if the parents are in the midst of a custody dispute but want to make a plan that lets both parents remain in the children's lives, they could work it out in mediation. A family law attorney can still provide advice to a parent and can be prepared to litigate in the event negotiations break down.

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