What If Mediation Doesn’t Work? Then What?

Mediation is often an effective way to resolve family disputes outside of court. While many parties in mediation can reach agreements, mediation is not always successful. It is not a one-size-fits-all process, and sometimes, despite your best efforts, resolution cannot be achieved. When that happens, it can feel discouraging and uncertain, but a failed mediation does not mean your case is stuck. It simply means it is time to consider your next step.

Exploring Your Next Steps:

Engage a Different Mediator

If mediation has reached a standstill, you may benefit from working with a different mediator. Each mediator brings their own style, tone, experience, and method of guiding communication. A fresh perspective can sometimes break through an impasse and help both sides find common ground. Before deciding to switch mediators, it is important to consider why the previous mediation stalled. Family matters are deeply personal and often emotional. If the conflict runs very deep or the other party is unwilling to compromise, mediation may not be an appropriate tool for your case.

Hire a Family Law Attorney

Alternatively, you may determine that it is necessary to hire a family law attorney. This is a particularly beneficial option for high-conflict cases as your attorney will serve as the main point of contact with the other party. This helps reduce your stress and can prevent conversations from escalating into further conflict. Further, the legal process allows both parties, through their attorneys, to present their positions and arguments to a judge. The judge has the authority to make decisions on any unresolved issues such as property and debt division, spousal support, child custody and parenting time, and child support. While litigation may take more time and be more costly, it also provides more clarity and finality, as the judge’s decision becomes legally enforceable orders that both parties must follow.

Even after an unsuccessful mediation attempt and/or deciding to hire an attorney, it is important to note that settlement is still possible. Settlement can happen at almost any stage of the legal process, even shortly before a hearing or trial. Sometimes people need time to think and process their situation before any agreement can be reached. In other cases, agreements may be delayed because information has not yet been fully exchanged, and the litigation process can provide both parties with the information they need to move forward.

Navigating the legal process can be very confusing and overwhelming. The family law attorneys of Mello & Pickering, LLP work to facilitate agreements between families daily. If you are struggling to resolve issues involving legal separation, divorce, custody, or support, we can help. The strategies we use have assisted numerous clients with working through the process to minimize time and expenses. Call our office at (408) 288-7800 for an initial consultation.