What Happens if Family Mediation Fails?

Mediation can be a fast, peaceful, and affordable option for resolving family law-related matters such as divorce, child support, and timesharing. Often, mediation is highly effective. However, sometimes, parties are unable to resolve their issues through mediation. So, what happens if family mediation fails? In this article, we discuss the options you have if mediation does not work.

What Is Family Mediation?

This is an informal process that can be either voluntary or court-ordered. However, for mediation to work, even when court-ordered, the parties must be willing to participate honestly, communicate openly, and compromise to reach a mutual agreement. During mediation, a neutral third party (a mediator) helps family members communicate and agree on things like property division, alimony, and timesharing. Mediation aims for the parties to reach a mutually agreeable resolution without involving the court. Many people choose mediation because it is affordable, confidential, flexible, and allows the parties to remain in control of the outcome.

Why Would Mediation Fail?

While in many cases, mediation effectively helps resolve issues, there are some instances where it fails. The following are some of the reasons why mediation would fail;

• Unwillingness to Compromise: If one party is unwilling to budge on key issues, it may be hard to reach an agreement.
• Unrealistic Expectations: Parties should not enter the process expecting to “win.” Mediation is not about “winning,” but finding common ground and reaching a fair, workable solution.
• Emotions: Strong emotions like anger outbursts can prevent productive conversations and lead to the mediation process failing.
• Power Imbalance: Mediation may not work if one party feels intimidated or unable to advocate for themselves.
• Lack of Preparation: Not preparing enough can lead to confusion, missed opportunities, and inability to make informed decisions during mediation.

What Can You Do if Family Mediation Fails?

If you try to mediate your family law-related issue and you and the other party cannot reach an agreement, do not panic. There are several alternatives depending on your specific situation, as discussed below;

Request a New Mediation Session

If, for example, emotions were high during the initial session or you had not prepared well, you can take some time off to calm down or prepare and then schedule a new session later.

Negotiate Privately Through Attorneys

Your legal representatives can continue negotiations outside of court and try to reach an agreement. Negotiations can continue until the day of the trial.

Consider Going to Court

Sometimes, when mediation fails, it may be necessary to go to court. However, only consider going back to court after all other options fail, as court proceedings can be expensive and time-consuming. Seek legal guidance from a skilled attorney before making the final decision.

Contact a Mediation Attorney

If you’re facing a family law dispute and mediation has failed, our experienced mediation attorney at Darla K. Snead, P.L., is here to help. We can guide you through your next steps. Contact us today to schedule a consultation.