What Happens If Mediation Is Unsuccessful?

This article was last updated: Nov. 1st, 2022

Divorce mediation can facilitate a non-adversarial and amicable divorce for many couples; however, mediation requires both spouses be of a certain mindset for it to be successful. If your spouse is not willing and open to the process, you may not succeed in resolving all your issues in mediation.

If you are contemplating divorce mediation, you may be wondering what your options are in the event that it is unsuccessful. This is a healthy concern to have; knowing what your options are in the event your mediation is unsuccessful can help you better strategize your mediation sessions. If your mediation is unsuccessful, you have options, but they are limited. One of these options is to litigate your divorce in court.

Litigation will involve a series of hearings with the anticipation that you may need to try your case. Even if you can reach a settlement before trial, litigation takes much of the control of your divorce out of your hands and may require significant resources. Courtroom divorces require you and your spouse to take opposing sides, which can hinder any productive collaboration on the issues at hand. Litigation should only be turned to as a last resort because of these reasons. There may also be other forms of alternative dispute resolution you can turn to if mediation is unsuccessful, however, some of these require court involvement.

When weighing the pros and cons of mediation, keep in mind that mediation can be successful if you and your spouse want it to be. A skilled divorce mediator will provide the guidance needed for you to have productive and amicable discussions with your spouse. If you and your spouse are serious about making mediation work, make sure you find a divorce mediator with significant experience.

Take more than affordability in mind when searching for one. Divorce mediation is complex and because every divorce will be unique, it takes years of dedicated practice to gain the expertise needed to handle all challenges.

Experienced mediators may cost a little more, but when your child’s well-being, your finances, and your peace of mind are on the line, consider it a worthy investment in your future. You and your spouse can be successful in mediation if you both have a willing attitude and have an experienced divorce mediator by your side.

Are you going through a divorce and have questions about your options? If so, Mediation Advantage Services can help you. Experienced in complex divorce mediation, Law Office of Polly Tatum will work hard to ensure your divorce mediation is successful. Based in historic Worcester, our firm serves all cities and towns throughout Massachusetts and Worcester County including, Auburn, Paxton, Leicester, Sutton, Grafton, Shrewsbury, Westboro, Northboro, Southboro, Holden, Sterling, Princeton, Worcester, Charlton, Millbury, Dudley, Spencer, Brookfield, Sudbury, Natick, Framingham, Hopkinton, Milford, Blackstone, Leominster, Fitchburg, Acton, Jefferson, Barre, Oakham, Cambridge, Newton, Marlboro, Lancaster, Bolton, and Hudson. Call our office at (774) 366-3711, fill out our online form, or email us at info@mediationadvantage.com today to schedule your Complimentary Mediation Success Planning Session. You can also sign up for our eNewsletter or download our free guide for more information regarding divorce in Massachusetts.