What happens if we don’t agree in mediation?

Family law mediation can be a great way for couples who are going through a divorce or a custody dispute affordably.

The reason is that, with the help of the mediator, the couple can relatively quickly come to an agreement without having to go through the time, expense and emotional stress of a full-blown court hearing.

Mediation does not always end in an agreement

While the goal of mediation is for the couple to reach an agreement that will resolve their disputes, sometimes this just does not happen.

The good news is that, if mediation does not end in an agreement, there are relatively few negative consequences. Unless one party or the other simply failed to show up without an explanation or behaved extremely poorly, the mediator will simply inform the court that the couple could not agree.

Unlike in the case of a collaborative law case, a couple which does not agree in mediation will not have to get new attorneys. They can simply head to court with the lawyers that they have.

Lest one thing that the cost of mediation was simply a waste, even a mediation that does not end in an agreement can set a couple on the right track to agreeing down the road. It at least gives all parties a chance to better understand each other’s case and respective strengths and weaknesses

Mediation is confidential

It is also important to remember that, with very rare exceptions, what gets said in mediation stays in mediation. The mediator is bound to hold the process confidential, and neither party is allowed to use the mediation process itself as evidence in court.

Neither person should be worried that their proposed settlement offers or certain unflattering facts that they acknowledged in mediation will later come out in front of a judge.