Couples tend to want to know what’s next when divorce mediation doesn’t work. Contrary to popular assumptions, a divorce mediator is not there to assist a team in getting back together. Divorce mediation is a voluntary settlement procedure used often and successfully by couples who want a divorce.
Divorce mediation is usually successful when both spouses are motivated and devoted to the process. Sometimes, both spouses may be so emotionally unstable that they might be unable to go through the mediation process collaboratively. This leaves some people wondering what other options exist when divorce mediation doesn’t work.
When divorce mediation doesn’t work
Divorce mediation allows married couples to plan their futures rationally in an environment of cooperation and mutual respect. They are there to facilitate the negotiations on the divorce terms with the team and, sometimes, their lawyers.
Divorce mediation allows parties to resolve their issues rather than through litigation or court processes. It is intended to help dispute parties reach a mutual agreement through open communication, which is preferred over a court case’s expensive and time-consuming process.
With the aid of a professional divorce mediator, you can reach an agreement that will be perfect for your family, finances, and future. Separating and divorcing couples have been using divorce mediation for many years, but a mediated divorce settlement does not work for every marriage.
A divorce does not always have to be a big fight, even when the divorcing couple cannot seem to reach an agreement. Many couples prefer divorce mediation and see it as an excellent alternative to battling it out in court.
A divorce mediator’s function is typical to help you understand and communicate your individual and common interests. This is so that you can quickly examine reasonable options, make good decisions and reach stable agreements that benefit your family. Many couples prefer mediation to a litigated divorce because they find it more worthwhile for them and their families.
Some marriage-related cases that may be resolved through divorce mediation are divorce settlements, spousal support arrangements, child custody, and support agreements.
When the couple reaches an agreement through mediation, most mediators file a divorce settlement agreement. Sometimes, couples mediate certain parts of their divorce and prosecute the rest. In situations where children are involved, a court case may be unavoidable because you cannot complete a child custody arrangement in divorce mediation.
You and your spouse can only reach a mutually agreeable proposal you can take to the court for a custody arrangement. The court’s involvement is to have judges approve the proposal and ensure that the arrangement best suits the interests of the children.
Divorce mediation works with preparation and requires that both spouses are open to some form of compromise, but when all these do not work out, below are a few options to consider.
Take A Break And Try Again
Sometimes, the couple might need time to reflect before agreeing on where they are willing to find a middle ground. It is rarely the case that sitting down for merely a couple of divorce mediation sessions will be enough to get the game ball rolling.
One or both spouses might need time to process their emotions. It may be worth it if you both let your emotions settle. Some couples find more success with their second or third attempts at mediation. Instead of completely giving up on mediation, you can take a break and try again.
Get Another Mediator
There are different reasons for divorce mediation not to yield satisfactory results. Still, if the mediation process is not going well, you can get another mediator to help you.
Get An Attorney
A mediator might have helped you and your spouse createallowedenting plan but may not have helped you decide how to divide the marital home or retirement benefits. If the mediator could not resolve some disputes but could not resolve them completely, you can consider your spouse stating beer and your spouse’s lawyer[s].
Move On To Divorce Court Proceedings
When all your issues cannot be settled with a mediator’s assistance, you and your spouse can proceed to court. The court will have to make decisions when the spouses cannot come to a compromise.
Couples must understand that trials are expensive and time-consuming and that each judge brings personal views about marriage, divorce, and families to their decision-making procession.
The division of marital assets by the court will be based on numerous factors determined by state law, court cases, and judges’ experience with other matters. The length of the marriage may be considered too. You also lose control of your issues once involved with the judicial process.
Mediation allows parties to resolve their differences rather than through litigation or court processes. Unlike a judge, a mediator helps you decide and does not make the decisions for the couple. If all alternative dispute resolution methods have failed you, conducting a full trial should be the last resort.
Court Trials And Mediation
While mediation usually takes two to three months, typical court trials take longer than that. This includes time, energy, and money spent during the trial.
Mediation is more cost-effective than the judicial avenue for your divorce process. Mediation does not work for every marriage, but it is much better to resolve your issues through mediation than litigation.
Unlike in a courtroom, mediation provides privacy and a less adversarial environment for you and your spouse to resolve your issues. Trials are usually long, time-consuming, and expensive, but they are sometimes necessary for couples who can’t run successful mediation.
If mediation is unsuccessful after a second or third attempt, and you both can settle, you can file for divorce.
Is It Necessary To Get A Lawyer When Divorce Mediation Does Not Work?
The success of a mediation process depends on the divorcing spouses’ willingness of the spouses to negotiate. Mediation works better when the spouses desire to deal. They do not necessarily need to get along well for mediation to be a practical option, but a mediated divorce compromise does not work for every marriage.
If you face issues associated with a failed mediation, you should get an experienced family lawyer. You can continue the rest of the divorce negotiation with your lawyer. A lawyer will be best suited to help you understand your legal rights and advise you on your next best legal steps.
If you and your spouse reach a point in mediation that prevents you from progressing further, your attorney can help you prepare for the shift to litigation.
Your lawyer will also help you to identify and access all the factors that will be more beneficial to you. A family lawyer can also represent you in court as needed.
Typical Reasons Divorce Mediation Does Not Work
Even with its collaborative nature, divorce mediation is not always successful. Some of the reasons are:
The Disputes Are Just Too Many
Divorce mediation can be sufficient even in problematic and contentious cases; it all depends on the willingness of the couple to cooperate with the mediator. While some couples can put their anger or bitterness aside during mediation, others find it challenging to be open or ready to collaborate throughout the process.
Couples often struggle through mediation when they are filled with resentment and anger. This is probably one of the most apparent reasons divorce mediation does not work. The outcomes of divorce are more positive when the spouses work together to agree on a divorce settlement.
The Mediator Is Biased
If there are any issues between any of you and your mediator, it is advised that you find a new one and start the process from the beginning. Only a little imbalance from your mediator can throw the entire process of divorce mediation off the rails.
If you have concluded that your divorce mediation is not going in the direction you and your spouse intended, you may need to move on to other options.
The Spouses Are Unable To Reach A Compromise
Divorce mediation usually fails when spouses cannot reach an agreement or refuse to work with the mediator. When one spouse or the other keeps making one going a reasonable compromise, dem won’t be easy to get a settlement.
Both spouses must be completely open and agreeable to the divorce mediation process to be successful. They have to be ready to put their differences aside to make progress. If mediation fails, it is best to consult with an attorney to fully explore your options for resolving the outstanding issues.
Conclusion
From an unwillingness to compromise to a partial mediator, there are a few reasons for divorce mediation to fail. If all alternative dispute resolution methods do not work out, you will have to leave it up to the judge to make final decisions on contested matters.
It helps to be guided by an experienced divorce mediator because, in the courtroom, your options are relatively limited. It will be left to the court to decide when you and your spouse cannot agree on the terms of your divorce through mediation.
