What Happens When Mediation Fails?

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In mediation, the goal is to arrive at a mutual agreement and determine the terms of the divorce through open communication and compromise. When an agreement is reached through mediation, both parties can save money and time that would otherwise have been wasted in the traditional court litigation model. That’s why for many people seeking a divorce, mediation is the best option.

Unfortunately, not every mediation is successful and sometimes solutions can’t be reached. Although this can be frustrating, it’s important to think of mediation as a process, and to know you have other options moving forward.

How to improve your chances of a successful divorce

Here are some of the things you can do to better your chances of a successful divorce after your first mediation attempt has failed:

  • Take notes on the positive. What did you and your spouse agree on in the mediation? Was any progress made? There’s almost always something you can take from your first mediation experience and use going forward.
  • Reevaluate your position. You can’t expect to get everything you want in a divorce. Sometimes the first attempts at mediation fail because client’s expectations are too high. Take a deep breath and try to reevaluate your position. Are there any issues you could compromise on? Mediation is a collaborative effort, so try to think what you could do to be more of a team player.
  • Consider why it failed. Was there one vital issue that you and your spouse couldn’t agree on, or was it a variety of little things? Knowing why you failed to reach a settlement will help you decide what to do next.
  • Evaluative approach. In this strategy sometimes employed after failed mediations, your mediator will play the role of the court and consider facts, evidence and both the position of both sides before making a mock decision. The idea is to give you an idea of what could happen if the divorce goes to trial.
  • Try again. After evaluating your first mediation, you may have a better idea of how to go about things. Or perhaps all you need is a different mediator. Whatever the case, you can always try meditation a second time.
  • Explore options. If mediation doesn’t work, then it may be time to contact a collaborative law attorney and/or a traditional divorce litigation attorney to discuss options going forward.

Contact an experienced mediator for your divorce in Fresno

Was your first mediation unsuccessful and now you’re looking for an experienced mediator in Fresno? Contact The Law Office of Rebecca Medina today at (559) 324-5427. We experience handling mediations in Fresno and will be happy to discuss your options moving forward. The Law Office of Rebecca Medina will help you and your spouse get on the path towards a new future.

Rebecca MedinaAbout the Author: Rebecca Medina

Rebecca Medina is an experienced family law attorney serving the Fresno area. She handles cases ranging from complex divorce matters to child custody, spousal support, domestic violence, and uncontested divorce cases. She was rated “Clients’ Choice” by Avvo.

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