If you’re about to go through a divorce, you’ve probably heard friends or family members mention the term ‘mediation’. Will you be using a Madiation Lawyer? Are you and your spouse considering going through mediation? These will be common questions that people closest to you might ask. That’s because mediation is a highly desirable path for those who are going through a divorce. Mediation is a way of avoiding a lengthy and emotional divorce trial. It’s a method that promotes compromising strategies rather than aggressive legal demands. Mediation can be a promising approach to divorce. But what happens if divorce mediation fails? What happens next? In this article, we explain what mediation is, why it sometimes fails, and what to do if it does.
What is Mediation?
As soon as you and your spouse decide that a divorce is your best option, you’ll most likely discuss going through mediation. Mediation is the process of discussing the terms and conditions of the divorce without a judge or a trial. You’ll work with a legal counseling professional called a mediator. The mediator should be a neutral third party that has no connections to either spouse. The point of their job is to facilitate the discussion and help the two parties reach an agreement. Mediators are trained professionals that are there to encourage communication, collaboration, and compromise. A mediator can help both parties work out specific issues, find new perspectives, and regulate disagreements. Some couples may meet once or twice for mediation. Others may need a week or two to work out all of the details of their divorce. Divorce mediation fails when both parties can’t reach an agreement and refuse to continue to work with a mediator.
Reasons Why Divorce Mediation Fails
There are a lot of success stories out there from couples that chose to resolve everything in mediation. It’s a less expensive, less dramatic, and less emotional approach to divorce. Plus, the divorce can be finalized in a much quicker fashion through mediation as well. Unfortunately, it doesn’t always work out the way couples wished it would. There are certain situations that can stall or halt resolutions through mediation. Here are a few common reasons why divorce mediation fails.
- They’re not committed to finding an agreement. In many cases, divorce mediation fails because the couples are not committed to reaching an agreement or working towards a solution. Mediation takes time and energy. You have to work towards meeting these terms and conditions in the divorce. Couples who don’t put the work in and aren’t interested in showing up to mediation appointments are not likely to succeed in mediation.
- There’s too much conflict. This is probably one of the most obvious reasons why divorce mediation fails. When there is a high level of conflict and low levels of civility, the chances of reaching a compromise decrease significantly. While some couples have the ability to put emotions aside during mediation, others will have a much harder time being open and kind throughout the process. People who are filled with resentment and anger will struggle through mediation.
- The mediator is favoring one side. If there’s even an ounce of an imbalance with your mediator, it can throw the entire process off the rails. One powerful reason that divorce mediation fails is that the mediator is suspected of favoring one party over the other. If there are any issues with the mediator, it’s strongly recommended to find a new one and start the process over.
If Divorce Mediation Fails
If you’ve come to the realization that your divorce mediation isn’t going in the direction you wanted it to go, you may have to explore the next steps. First, it’s important not to give up hope entirely if your divorce mediation fails. It may be worth taking time to allow emotions to settle. It’s possible to allow time to heal and try mediation a second time. This happens more than people think. Many divorcing couples have found more success with second or third attempts at mediation instead of just giving up on it altogether. However, if mediation wasn’t successful on the second or third attempt, and you’re unwilling to settle, you’re most likely going to have to go to trial. This should be the final option after exercising all other methods. Trials will be long and expensive, but they’re sometimes necessary for those who cannot reach an agreement.
For More Information on Divorce Mediation
If you’re approaching a divorce, it’s strongly recommended to work with both a mediator and a divorce attorney. Having your own divorce attorney can assure you that you have someone on your side that represents your best interests. A board-certified Boca Raton mediation lawyer can guide you through the mediation process and a trail if your divorce mediation fails. Contact an experienced Boca Raton divorce attorney today to learn more about your options.