The recent news about the Jennifer Garner and Ben Affleck divorce has brought mediation and the amicable divorce into the spotlight. Mediation allows couples to work together to reach an agreement that takes both sides into consideration.

When mediation works properly, it can keep couples out of the courtroom. It can also keep legal costs to a minimum. But, mediation doesn't work for everyone. Here are some of the reasons why mediation isn't always the best option.  

You're the Victim of Abuse

Domestic abuse is a serious issue. If you're the victim of domestic abuse, mediation may not be suitable for you. This is particularly true if your spouse has recently been violent, or you have an order of protection against your spouse.

Mediation requires you to attend meetings with your spouse, which may not be safe if your spouse is abusive. If you've been the victim of domestic abuse, it's important that you let your attorney know as soon as possible.

You Don't Have Access to Necessary Information

During mediation, you'll be working to create a settlement agreement that's fair for both of you. However, if you don't have access to the necessary information – tax returns, bank statements or investment portfolios – you won't be able to negotiate properly.

Before you agree to mediation, be sure you have access to all your pertinent financial records. If your spouse is refusing to give you access to those documents, your attorney can help you with that process.

Your Emotions Get In The Way

Divorce is an emotional experience. However, if you're unable to get your emotions under control, that may interfere with your ability to enter into successful mediation. Before you decide on mediation, it's important that you be able to discuss the matter without letting your emotions take control.

This is particularly important if your spouse knows that they can use your emotions against you – such as playing on your emotions to get you to agree to terms that aren't in your best interest.

You're No Longer Communicating with Your Spouse

Successful mediation relies on open communication. If you and your spouse are no longer communicating, mediation may not be in your best interest. Once the lines of communication have shut down, it may be in your best interest to allow a judge to intervene.

If you and your spouse still have an amicable relationship, you may want to consider mediation. However, if any of the issues listed above relate to you and your spouse, you may want to discuss other options with an attorney (such as one from McKissick & McKissick).