Mediation can be a great option for divorcing couples that wish to settle their split quickly and with minimal drama (and costs). However, if mediation doesn’t work out, you can be sent back to square one – and end up spending more time and money that you would have if you had skipped trying the mediation process.
Mediation can fail for a number of reasons: you can’t reach a settlement that both parties agree with; your split is complicated by issues of abuse, addiction, or manipulation; or your mediator doesn’t stay neutral or follow mediation guidelines. In these situations, your case will be left in the hands of a judge and you may need to go to trial to figure out issues like division of property, spousal support, child support, and child custody.
However, it is important to note that mediation doesn’t fail often – and that a failed mediation can be avoided in most cases. You can avoid most failed mediations by not entering into the process unless you are confident that both you and your spouse are willing to communicate, compromise, and work together to find common ground and a workable solution. Also don’t enter into a mediation situation if you believe your spouse won’t be 100 percent truthful or if you believe your spouse may not respect the process.
Try not to feel guilty or angry if your mediation does fail – these things sometimes happen and sometimes you truly do need a judge to help you come to a settlement.
Do you need a Seattle divorce attorney, either for legal guidance during your mediation or for your court divorce? Contact the Law Offices of Molly B. Kenny today: 425-460-0550.