You and your spouse have your differences. As you’ve started talking about a divorce, you’ve realized that there are a few different issues between you that are not going to be easy to resolve.
Now, your goal is to go through mediation and work out your differences, but what happens if that doesn’t work for you? Will your only option be to go to the court to have a judge rule on your case?
Alternative dispute resolution isn’t foolproof
Alternative dispute resolution isn’t foolproof, so it is possible that your mediation sessions could be lackluster at best. However, the mediator is well-trained to help keep the conversation flowing. They’ll have rules and regulations for the sessions, too, so that the goals you have can be met (while also encouraging respectful discussions).
When mediation does fail, you may think there aren’t other options, but there may be. If this was a court-ordered mediation session, report back to the court and let the judge know what happened. If you’re willing to try again, then the judge may order it. If not, they may suggest other options, such as going through arbitration or coming to family court to have the divorce case heard and finalized in person.
Give mediation a chance
Before you scrap the idea of going through mediation, you, your attorney, your spouse and their team should discuss what you want to get out of this arrangement. If you are willing to negotiate but your spouse is not, then turning to the court for assistance is reasonable. However, if they believe that they could negotiate with you in the future, it might be a good option to try again.
Mediation can take time, but if you’re both dedicated to working out your issues, then it often produces results that are better for everyone involved.