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Your divorce mediation just failed: What’s next?

On Behalf of | Dec 9, 2020 | Mediation

When a couple is divorcing, they may end up in mediation either because of an earnest desire to resolve their issues without a trial or at the court’s behest. Mediation is often successful — but what happens when it isn’t?

Get ready for the next round

If you end up walking away from your first attempt at mediation without any progress, don’t be discouraged. Mediation is often a multi-step process. A break between rounds can even be helpful, since it gives both parties time to think about the issues, the other party’s point of view, the available options and what goals are the most important.

The mediator may also be able to give you insights that help you decide if there should be a “round two” or not. If the mediator believes that your spouse is simply unwilling to compromise, more mediation won’t help, while mediation that’s stalled around some sticking point can often benefit from another try.

Prepare for alternatives

If mediation isn’t going well, you should start readying yourself for litigation. That not only includes finding an attorney who can represent you in court. It may also mean reevaluating your position on certain issues based on your experiences with the other party in mediation.

While you cannot use information you learned in mediation in court, that doesn’t prevent you from using that information to guide your decisions — and that can make mediation highly valuable even when if you were unable to reach all of the necessary agreements with the process.

When you’re struggling with issues surrounding the division of the marital assets, support or custody, you deserve experienced representation that focuses on solutions. Find out more about your legal options today.