From my experience as a litigator, I know that there are certain types of cases that usually do not settle despite attempts at mediation, among them, the most difficult being custody of children.
- While not impossible for parties to resolve their differences in custody cases, these cases involving the parties’ children are often “gut wrenchingly” emotional which do not lend themselves to helpful guidance and assistance by a trained mediator.
- Apart from that type of case, there are other cases that are not usually successfully mediated. These types involve marriages in which one of the parties, or perhaps both, are not forthcoming about their closely held businesses, their incomes, their assets, and either or neither party is forthcoming about their financial situations.
- Another type of case which historically has not had a high degree of success for settlement via mediation involves parties who have been physically and/or emotionally abusive and overbearing towards the other party. Notwithstanding the parties’ living separate and apart, the wounds of abuse inflicted upon one of the parties still pervades and influences the afflicted party who fears even the safe environment of the mediator’s office where there is no judge or court officers to assert .
In these cases litigation may be the only solution. Please call my office, let’s talk.
PhilipJByers
Philip J. Byers, Attorney 