Mediation can be an incredible tool for a less contentious divorce, but what happens when an agreement can’t be reached and your mediation fails? As a seasoned Family Law Attorney with over two decades of experience and a Certified Mediator, I’ve helped numerous clients through this exact scenario.
While failing to reach an agreement may be discouraging, the most important thing to remember is that pursuing mediation is not a waste of time. In fact, it can have many benefits. In this blog, I explain why a failed mediation can still provide a productive path forward.
When a couple enters into mediation, they often have a list of non-negotiables. Whether it’s a particular custody arrangement, alimony amount, who gets to remain living in the marital home—or anything else that’s deeply important to them—having a clear understanding helps set realistic expectations during mediation and constructively guides discussions.
However, if your spouse does not agree to your non-negotiables during your initial mediation—or vice versa—you will likely be unable to reach an agreement. You can either take a break and try again at a later date, or you’ll have to file for a contested divorce.
If your mediation does not go as hoped, for whatever reason, remember: all is not lost. Going through the mediation process reveals what is most important to you and your spouse and what key issues need to be resolved as you begin the contested divorce process.
Have you heard the adage, “Half a loaf is better than no bread at all?” This applies perfectly to a failed mediation. Even if you and your spouse can’t agree on everything, agreeing on most things significantly reduces the disputed issues that have to be litigated. Your mediation helped provide a “working draft” that shows what you two agree or disagree on, and this information can be used as a starting point in your court proceedings.
Trying mediation first also displays a commitment to peaceful and collaborative resolutions that have your family's best interests in mind, especially if you have young children. Even without a full resolution, establishing common ground shows a willingness to cooperate, which will be beneficial as you move forward in the divorce process and co-parenting.
If mediation did not come to a successful conclusion, there are two primary steps you can take to move forward:
At this stage, it’s important to weigh the emotional and financial burdens of litigation against the potential benefits. Consulting with your attorney about the best course of action can help you make the best-informed decisions that align with your long-term goals and priorities.
While mediation is a great tool, it does not guarantee that common ground will be reached or solutions will be found. Despite that fact, mediation is never entirely wasted, as any commonalities or agreements can alleviate future headaches as your divorce is litigated.
At the Law Offices of Kerri Cohen, I am committed to helping my clients navigate the divorce process as seamlessly as possible. If you are facing an impasse in your mediation, please contact my office at (410) 657-2515 or info@CohenLegalTeam.com to learn more about how we can help.
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With over 20 years of experience, Kerri Cohen, a seasoned family law attorney, offers expert guidance to help you navigate this challenging process.