Mediation is a form of alternative dispute resolution. When spouses agree to mediate their divorce, the goal is typically to compromise and move forward with an uncontested filing.
When mediation is successful, spouses reach terms that they both deem acceptable and integrate those terms into a binding agreement. That document can then guide the paperwork submitted to the court.
Unfortunately, spouses who can’t agree about key aspects of their divorce may find that mediation is not as effective as they had hoped. Sometimes, spouses walk away from mediation sessions feeling frustrated. What happens when mediation doesn’t lead to an agreement?
Additional sessions are often necessary
After years of marriage, spouses may not be able to settle everything quickly. Especially in cases involving allegations of misconduct or complex resources, spouses may have a lot to unpack during confidential mediation sessions.
It is common for divorcing couples to require between three and five mediation sessions to work out a reasonable settlement. While some couples reach an agreement after a single session or only a few sessions, others have to work for weeks to reach terms that are appropriate and fair given the marital circumstances.
Litigation is still an option
Mediation requires a cooperative approach to divorce negotiations. Spouses must act in good faith, or mediation may not be successful. In scenarios where one spouse has behaved manipulatively or been untruthful during mediation, continuing to try to settle outside of court might not be reasonable.
In cases where there are questions about the accuracy of financial disclosures, for example, litigation can be a critical form of protection for the spouse dealing with deceptive conduct and financial misrepresentation. Although mediation can be successful even in complex divorces and cases involving high levels of conflict, sometimes spouses recognize that they simply cannot cooperate with one another despite their best intentions.
When mediation is not successful, the spouses have to begin preparing for litigation. In a litigated divorce, a judge applies state statutes to settle disagreements between spouses.
Having legal guidance during divorce mediation can make it easier for spouses to compromise as necessary and recognize when continuing to mediate isn’t appropriate. Spouses who know what to expect can approach mediation with confidence and move on to litigation if necessary.