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Mediation failed: What next?

On Behalf of | Jun 3, 2022 | Family Law

A collaborative divorce is often the best option for couples wanting to end a marriage without a lengthy, costly court battle.

When parties cannot agree on specific points, mediation is a great tool for working through the negotiations. If you cannot settle with the help of a skilled mediator, then you may need to step back and reevaluate your plan for your divorce.

Check your emotions and try again

If the first round of mediation fails, it may not mean your situation is hopeless. Perhaps, a lack of trust or unwillingness to compromise is keeping you or your spouse from moving forward. It may be a good idea to take a step back, speak to a licensed family therapist, and revisit mediation when you are both at peace and ready to proceed.

Get a new mediator

Not all mediators are equally skilled at preventing conflict between parties. If you feel your mediator is the reason you and your ex are unable to reach an agreement, then you have the right to meet with someone different for your next round.

Go to court

If you exhaust all your mediation attempts and are no closer to reaching a settlement, it may be time to take your divorce to family court. A judge will review the details of your case and make decisions about the future of your family and property. Any discussions you had during mediation are inadmissible in court.

Divorce is stressful no matter what, but if you and your former spouse can work to resolve your case through mediation, then you can save yourselves the time, money and heartache of a difficult legal dispute.

Phillip A. Geigle

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