Divorce mediation is an increasingly common litigation alternative. Divorcing spouses may agree to sit down with a neutral professional to resolve their disagreements. The goal during mediation is effective communication and compromise.
By clarifying personal preferences and expectations, spouses can overcome their disagreements and may be able to negotiate settlements that work well for their families. Custody mediation, for example, can help parents work out a schedule for sharing parenting time and establish expectations for their co-parenting arrangements.
When mediation is successful, the terms established during negotiations become part of a written agreement. The spouses sign that document. They then present it to the courts as part of an uncontested divorce filing. What happens if spouses attend mediation but don’t actually settle their disagreements?
More mediation may follow
Sometimes, mediation is a one-and-done arrangement. Spouses are eager to settle as much as they can as quickly as possible. They each compromise in certain areas, allowing them to finish the process in a single session.
Other times, an initial mediation session is just the beginning point of negotiations. Spouses may need to meet multiple times, possibly with time in between for them to cool off between sessions. Even if the initial mediation session didn’t result in a signed agreement, spouses still have the opportunity to settle their disputes.
Negotiations can continue through lawyers
When mediation hasn’t been successful and spouses don’t want additional sessions, their lawyers can continue to negotiate. Attorneys who have heard from both spouses may have a better idea of where compromise is possible.
Lawyers can sometimes reach settlements by communicating with one another and working with their clients individually. Mediation may pave the way for successful negotiations and an uncontested divorce filing.
Spouses can choose to litigate
In rare cases where compromise truly isn’t possible, then the courts may need to help. Litigated divorces are still an option even if spouses have previously attempted mediation. They can pursue a contested divorce in which a judge reviews and settles their outstanding disagreements.
Understanding what happens after divorce mediation can help people decide if they want to attempt it as part of a divorce. Even when mediation is unsuccessful, it may still help spouses resolve their disagreements.
