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When Divorce Mediation is NOT a Good Idea
In many cases, mediation is the preferable way to come to a divorce settlement. However, in certain scenarios, it’s actually better to head straight to a Florida divorce courtroom. This is often true if you aren’t willing to negotiate in good faith or feel as if your spouse isn’t willing to do so.
A settlement must be equitable
A Florida judge may not accept a settlement that isn’t perceived to be equitable. Therefore, mediation may not work if you’re unable to advocate for yourself or are too eager to do whatever it takes to settle the case quickly. This may be especially true if you have children as the terms of a custody agreement must meet the best interest of the child standard. Ultimately, you may have no choice but to go to court to seek what you’re entitled even if it means engaging in a conflict you’d rather avoid.
You want to hurt your estranged spouse
Mediation is a collaborative process, which means that you have to be willing to engage to craft a deal in a timely manner. However, it’s not uncommon for people to come to mediation sessions simply as a way to stall or to waste money. It’s also not uncommon for participants to have a skewed sense of reality in which they are the victims and deserve everything in a divorce settlement. If this sounds like you, it’s unlikely that mediation will be a helpful tool to officially end your marriage.
It’s natural for the pain and trauma of a divorce to cloud your judgment. However, divorce court orders are based on established law as opposed to what you feel you deserve. Therefore, litigation may be preferable to mediation if you can’t be objective or work in a collaborative manner during settlement talks.

CONTACT: Aislynn Thomas-McDonald
PHONE: (305) 503-0850
EMAIL: athomasmcdonald@kelleykronenberg.com
About Aislynn Thomas-McDonald and Kelley Kronenberg
Aislynn Thomas-McDonald serves as Partner and Business Unit Leader at Kelley Kronenberg, where she focuses on family law and probate matters. Her comprehensive practice encompasses divorce, paternity, timesharing, child support matters, adoption, collaborative divorce, wills and trusts, guardianship, and elder law. Prior to joining Kelley Kronenberg, Aislynn established herself as a respected family law practitioner, earning an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®.
Aislynn strives to provide concierge support to her clients through understanding their objectives and goals, advising them honestly about the best course of action. She works to resolve issues without proceeding to litigation and then will advocate zealously when a case does move in that direction. Her commitment extends beyond legal practice through extensive community involvement and advocacy for domestic violence awareness, children’s legal advocacy, and women’s rights.
- Divorce and legal separation
- Child custody and timesharing
- Child support and alimony
Prenuptial and postnuptial agreements
- Adoption
- Collaborative divorce
- Domestic violence protection
- Paternity matters
By joining Kelley Kronenberg, Attorneys at Law, in 2025, Aislynn is able to continue offering concierge legal service with the resources of a full-service large law firm. This combination provides clients with personalized attention backed by comprehensive legal resources and support.
Aislynn is dedicated to providing top-quality legal services to residents throughout South Florida and the Florida Keys. Her practice is based in Miami and serves clients throughout the region with both local expertise and broader legal resources.
To schedule a consultation with Aislynn Thomas-McDonald at Kelley Kronenberg, contact their Miami office. During your initial consultation, she will evaluate your specific situation, explain your legal options, and develop a strategy tailored to your unique circumstances and goals.
Throughout every case, Aislynn demonstrates sensitivity to both the emotional and legal challenges her clients are facing and works to reach terms that are agreeable to all parties. Your first meeting will focus on understanding your situation, discussing your objectives, and outlining potential paths forward with honest, practical advice.
Yes, Aislynn Thomas-McDonald is experienced in collaborative divorce, which offers couples a way to resolve their differences outside of traditional litigation. This approach focuses on cooperation, open communication, and finding mutually beneficial solutions while minimizing emotional and financial costs.
As a full-service law firm, Kelley Kronenberg provides access to specialists across multiple practice areas when family law cases involve complex financial matters, business valuations, tax implications, or other specialized legal issues that may arise during divorce or estate planning proceedings.
In many cases, mediation is the preferable way to come to a divorce settlement. However, in certain scenarios, it’s actually better to head straight to a Florida divorce courtroom. This is often true if you aren’t willing to negotiate in good faith or feel as if your spouse isn’t willing to do so.
A settlement must be equitable
A Florida judge may not accept a settlement that isn’t perceived to be equitable. Therefore, mediation may not work if you’re unable to advocate for yourself or are too eager to do whatever it takes to settle the case quickly. This may be especially true if you have children as the terms of a custody agreement must meet the best interest of the child standard. Ultimately, you may have no choice but to go to court to seek what you’re entitled even if it means engaging in a conflict you’d rather avoid.
You want to hurt your estranged spouse
Mediation is a collaborative process, which means that you have to be willing to engage to craft a deal in a timely manner. However, it’s not uncommon for people to come to mediation sessions simply as a way to stall or to waste money. It’s also not uncommon for participants to have a skewed sense of reality in which they are the victims and deserve everything in a divorce settlement. If this sounds like you, it’s unlikely that mediation will be a helpful tool to officially end your marriage.
It’s natural for the pain and trauma of a divorce to cloud your judgment. However, divorce court orders are based on established law as opposed to what you feel you deserve. Therefore, litigation may be preferable to mediation if you can’t be objective or work in a collaborative manner during settlement talks.
CONTACT: Aislynn Thomas-McDonald
PHONE: (305) 503-0850
EMAIL: athomasmcdonald@kelleykronenberg.com
About Aislynn Thomas-McDonald and Kelley Kronenberg
Aislynn Thomas-McDonald serves as Partner and Business Unit Leader at Kelley Kronenberg, where she focuses on family law and probate matters. Her comprehensive practice encompasses divorce, paternity, timesharing, child support matters, adoption, collaborative divorce, wills and trusts, guardianship, and elder law. Prior to joining Kelley Kronenberg, Aislynn established herself as a respected family law practitioner, earning an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®.
Aislynn strives to provide concierge support to her clients through understanding their objectives and goals, advising them honestly about the best course of action. She works to resolve issues without proceeding to litigation and then will advocate zealously when a case does move in that direction. Her commitment extends beyond legal practice through extensive community involvement and advocacy for domestic violence awareness, children’s legal advocacy, and women’s rights.
- Divorce and legal separation
- Child custody and timesharing
- Child support and alimony
Prenuptial and postnuptial agreements
- Adoption
- Collaborative divorce
- Domestic violence protection
- Paternity matters
By joining Kelley Kronenberg, Attorneys at Law, in 2025, Aislynn is able to continue offering concierge legal service with the resources of a full-service large law firm. This combination provides clients with personalized attention backed by comprehensive legal resources and support.
Aislynn is dedicated to providing top-quality legal services to residents throughout South Florida and the Florida Keys. Her practice is based in Miami and serves clients throughout the region with both local expertise and broader legal resources.
To schedule a consultation with Aislynn Thomas-McDonald at Kelley Kronenberg, contact their Miami office. During your initial consultation, she will evaluate your specific situation, explain your legal options, and develop a strategy tailored to your unique circumstances and goals.
Throughout every case, Aislynn demonstrates sensitivity to both the emotional and legal challenges her clients are facing and works to reach terms that are agreeable to all parties. Your first meeting will focus on understanding your situation, discussing your objectives, and outlining potential paths forward with honest, practical advice.
Yes, Aislynn Thomas-McDonald is experienced in collaborative divorce, which offers couples a way to resolve their differences outside of traditional litigation. This approach focuses on cooperation, open communication, and finding mutually beneficial solutions while minimizing emotional and financial costs.
As a full-service law firm, Kelley Kronenberg provides access to specialists across multiple practice areas when family law cases involve complex financial matters, business valuations, tax implications, or other specialized legal issues that may arise during divorce or estate planning proceedings.
