What happens if mediation doesnt work

If one party does not wish to enter mediation, then they cannot be forced to do so. Mediation will not usually be appropriate where one party feels that they have been coerced to attend. Domestic abuse — Mediation will not normally be appropriate if there have been any incidents of domestic abuse, or if there are any outstanding allegations of abuse.

Urgent cases — If the case is urgent for any reason then it will usually be more appropriate to take the matter straight to court, rather than go to mediation. Bankruptcy — If the dispute is about money and you or the other party is bankrupt then mediation will not be appropriate. Involvement of social services — Mediation in relation to arrangements for children will not usually be appropriate if you are currently involved with social services because there are concerns about the safety and wellbeing of your child or children.

Acrimony — To be successful, mediation obviously requires a measure of cooperation between the parties. If this is simply not possible because of high levels of animosity between the parties then mediation is unlikely to be appropriate, unless the mediator is able to address the issue. Again, the mediator will try to address this issue, but if they are not successful then mediation may not be appropriate in such cases.

Previous recent mediation unsuccessful — Lastly, mediation may not be appropriate in cases where it has been attempted in the recent past, but has not been successful. Your options are somewhat limited when you and your spouse cannot agree on the terms of your divorce even in mediation. You may have to commence the divorce litigation process. The judge of the Probate and Family Court will make the decisions for you if you take your divorce to court because you cannot agree.

Trying mediation first can help you and your spouse clear away some of the easier issues in your divorce. This can speed up the litigation process by reducing the number of issues that need to be addressed in the courtroom. It can also reduce your legal costs because your attorney will only be handling certain matters. It is not uncommon for couples to choose mediation to address issues they want to stay in control of while taking other contentious issues to court for a judge to decide.

Mediation is entirely voluntary and its success hinges on how motivated you and your spouse are to reach an agreement. Was there an intractable conflict If the parties are in a high conflict that cannot be resolved, again it might be best to reassess positions. Conclusion In summary, the next step after a failed mediation does not have to be expensive litigation.

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