Mediation requires that parties are willing to make a good faith effort to negotiate an agreement which both believe to be fair. It can sometimes be hard to imagine how you can have any faith in a process when you have no faith in the party you need to negotiate with.
Yet, people who have very little trust and even those who hate each other negotiate agreements every day. How do they do it? By focusing on the outcome they hope to achieve.
In divorce mediation, most people have the important goal of minimizing the impact of the divorce on their children. Many also hope to come to a financial agreement that ensures everyone, especially their children, will be alright. Most want to end up with a fair amount of the marital assets and liabilities. With these goals in mind, no matter how emotionally difficult it might become, with the assistance of a skilled mediator most people can arrive at agreement.
Distrust is sometimes simply because one or the other party has not been involved in the day-to-day finances of the marriage. In mediation, parties must agree to provide all financial information. The mediator helps to facilitate the conversation and ensure all documentation is gathered so that both parties can satisfy any questions or concerns they may have. If either party is unwilling to do so, mediation is terminated.
If you do not trust your spouse because you are afraid he or she is going to harm you or your children, you should trust your own instincts and ensure your own safety. If you are in immediate danger, you should call 911. You can find resources to assist you with housing, counseling, and legal services by calling Alternatives for Battered Women, which offers services to both women and men, at 585-232-7353.