What Happens if My Divorce Mediation Fails?

May 10, 2023
By Alternative Divorce Solutions

Can My Divorce Mediation Fail?

Divorce mediation provides a low-conflict alternative solution to traditional litigation divorce. Couples can work through their differences with a mediator instead of in a courtroom before a judge. Mediation gives divorcing couples the privacy and flexibility they need to reach an amicable dissolution of their marriage. While the major negotiating in a divorce mediation happens with the mediator, each party is encouraged to hire an attorney to advocate on their behalf. Attorneys advise clients and help them prepare during each phase of the process. Divorce mediation provides many couples and their families with the tools to dissolve their marriages while disrupting their lives and introducing as little conflict as possible. Mediation works extremely well for many divorcing couples, but that doesn’t mean every couple is a good fit. If you’ve tried mediation and it didn’t work for you, maybe it’s time to consider what went wrong. If you think mediation is still the right choice, you may be able to get your divorce back on track. If you’re getting ready to file for divorce and you’re worried mediation may not work, we’ve covered why divorce mediations fail and how you can avoid yours going off the rails.

Why Some Divorce Mediations Fail

Mediation allows divorcing couples to reach a mutual agreement using mediated negotiation, guided conversation, and open communication. While mediation provides families with young children seeking a low conflict divorce the tools they need to peacefully end their marriage, it doesn’t work for every couple. Mediation can only provide the tools needed to facilitate a divorce. Each party needs to be willing to work with their intended ex to find compromises. If you’re worried your mediation will fail or you’re in the middle of a failed attempt, determining why your mediation failed is essential before deciding whether you should try again or choose a different means of divorce. If you and the mediator work together to find the underlying issue derailing your mediation sessions, you may be to work through the issue with the mediator and begin again. Mediation is a team exercise, so you cannot do it alone. You and your spouse must work together to get through a mediation. If you think this is an impossibility for you and your estranged spouse, you may need to find an alternative means of divorce. A willingness on the part of both parties is integral to the success of any mediation.

How to Get Back on Track

Once you’ve determined the cause of your failed mediation, you should work with your attorney to decide how you will proceed next. You have more options than simply resuming or trying mediation again, and your attorney can help you with any of the following options:

Litigation: If your mediation failed because you and your estranged spouse have reached an impasse, you should likely consider litigation. While litigation is widely accepted as a high-conflict divorce, it’s also the primary means of solving issues without resolutions. If you and your estranged spouse are nowhere near a resolution or compromise on major topics of your divorce settlement, you will need a judge to break the tie.

Mediation: If the issues holding back your mediation progress are insignificant, you may be interested in resuming mediation or starting over with a new mediator. Whether you resume working with your previous mediator or opt for a new facilitator, you’ll need to have taken an open and honest look at your previous sessions. You should make certain you can negotiate in good faith with your intended ex and work together to end the marriage.

DIY Divorce: If you and your estranged spouse just want a divorce but you can’t afford to start over, you may be tempted to try a DIY divorce. Self-directed divorces are affordable, but if you have any complicated issues, it can be a costly mistake to file your divorce without legal assistance. You may end up spending more money post-divorce trying to fix errors.

Choosing the Right Team is Key

The lawyers and mediators at Alternative Divorce Solutions have helped many couples dissolve their marriages without the conflict and costs associated with traditional divorce litigation. Our mediators can help divorcing spouses find common ground when needed or help them work through difficult topics like child custody and asset division. Our mediators are trained to help you find resolution, even when faced with an uncooperative spouse.

If you are filing for divorce and think mediation is a good fit for your situation, contact the mediators at Alternative Divorce Solutions today by calling 949-368-2121 to schedule a consultation.

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