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When mediation fails

On Behalf of | Mar 1, 2023 | Divorce

Divorce mediation is often a good alternative for settling a divorce without a court battle. However, some couples divorcing in Texas find that mediation isn’t always successful. There are issues a divorcing couple might not agree upon – no matter how often they’re discussed. If mediation isn’t working for your situation, you have options.

Try a collaborative approach

The collaborative approach requires you and your spouse to each get your own lawyer. You also may benefit from working with a team of professionals, such as those who deal with issues involving finances or children. Your team works to help you and your spouse reach an agreement concerning divorce issues. If this doesn’t work, you’ll need new lawyers, however, as collaborative lawyers must agree beforehand to withdraw if the matter goes to court.

Take the divorce to court

Going to court is an option if the other methods don’t succeed. If you did make some process during mediation, that can work in your favor in court. The divorce process might even go faster since you’ve already agreed on some aspects of the divorce.

Give mediation a second chance

If you are adamant about staying out of court and mediation initially worked before breaking down, you can consider giving it another try. Hiring a new mediator might elicit a better result. It’s possible that the first mediator’s approach just wasn’t a good fit. Or you might need time to think about your current situation. Taking a break can help you clear your head and reexamine the issue when you’re rested.

The benefit of mediation

Mediation is beneficial even if you don’t reach a full agreement. You’ll learn the importance of communication and possibly have a peaceful divorce. If children are involved, mediation can also make the situation easier for them.