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What Happens If Divorce Mediation Fails?

Should divorce mediation fail, litigation can occur. That said, there are alternative ways to reach a settlement if a couple wishes to continue avoiding litigation.

Divorce is often imagined in terms of drawn-out legal battles in court, but it’s actually not often that couples choose to start out with litigation. Divorce mediation involves a couple meeting with a neutral, third-party mediator who helps them discuss their disagreements and reach agreements on various issues involved in their divorce.

Although mediation can be successful, it can also fail. If it does, couples may have more options than they think to reach an agreeable settlement.

Select Another Mediator

Mediation might be the right process for a couple, but the mediator may not be the right person to facilitate it.

In most cases, an ineffective mediator is someone who demonstrates a bias toward one party or the other. They can also appear to inject their personal ideas and beliefs about how a couple should resolve a dispute into the conversation. Neither of these traits is helpful to a couple trying to work out their divorce together.

If a couple feels that the mediator is the reason it’s difficult to come to terms on their divorce, it may be worth it to try someone else.

Try Collaborative Divorce

Collaborative divorce can be the next alternative dispute resolution tactic a couple can try if they feel that mediation isn’t the right process for them. A collaborative divorce attempts to reach a settlement out of court through a series of negotiations.

The main difference between this and mediation is that each party is represented by their own attorney and professionals such as accountants and child psychologists can be involved in the process.

Another key aspect of collaborative divorce is the “no court” agreement. This is a formal agreement between you, your spouse, and your attorneys that if you and your spouse choose to litigate your divorce, the attorneys can withdraw from the case.

The no-court agreement is usually seen as a strong incentive for couples to choose to negotiate their divorce out of court through the collaborative process over litigation.

Choose Litigation

Any option that avoids litigation is typically successful when spouses are relatively amicable and willing to work out their divorce through negotiation.

If you and your spouse can’t collaborate or discover that attempting to do so doesn’t work, then litigation might be the best option to handle your divorce.

We Can Help with Your Divorce

No matter how you wish to handle your divorce, Krusch Divorce Resolution can help. We have the experience and skill necessary to facilitate mediation and collaborative divorce in addition to litigation when going to court is the only feasible option.

Rest assured that through compassionate and personalized legal counsel, you can feel more confident about the divorce process than you previously believed.

For more information, contact Krusch Divorce Resolution and request a consultation today.