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Mediation and Litigation

How Should I Proceed if Divorce Mediation Is Not Working?

Posted on in Mediation

Los Gatos divorce mediation attorneyDivorce mediation can be an excellent avenue for couples to reach compromises on the various issues that must be addressed in order to dissolve their marriage. Since courtroom litigation can cost both parties valuable time and money, mediation is a popular alternative, and it can allow a couple to address and resolve each individual aspect of their divorce with the help of a trained and licensed mediator. While divorce mediation can be beneficial for divorcing couples and their children, there are times when the process can stall, and in some cases, it may fail altogether, requiring spouses to find alternative ways of resolving their disputes.

Signs That Mediation Is Not Working For You 

Mediation can take some time to complete, especially when you need to address multiple complex issues related to your children, your property, and your finances. However, there are a number of signs that the mediation process has broken down and is not working. For example, one spouse may consistently make personal attacks during mediation, use mediation time to voice frustration and anger over the divorce, or refuse to remain on topic when discussing issues. If you have spent a number of hours in mediation and have failed to reach an agreement on many of the remaining issues that you need to resolve, it may be time to pursue an alternative resolution strategy. 

What Are My Options? 

If you and your spouse are finding the mediation process difficult, you may want to consider taking a break before resuming discussions. In many cases, stepping away from the process can provide a new perspective for both parties, and this can lead to more constructive discussions at a later date. If you feel unhappy with the process because of the compromises you are required to make, you should take a look at whether your spouse is also making compromises. If it seems as though you are the only one who is willing to give any ground, and your spouse is refusing to meet you halfway, then you may need to find other alternatives for resolving your disputes. 

If mediation is not working, you should speak with your attorney about the other options available. In some cases, negotiation with your spouse through your respective attorneys may be a better option, and if you cannot reach a mutually agreeable settlement, you may need to proceed to litigation. If you have been able to reach an agreement on some issues, litigation may be limited to the outstanding matters that need to be resolved. 

Contact a Los Gatos Divorce Mediation Lawyer

Attorney Benita Ventresca has spent years helping clients through the divorce process, including providing mediation services and representing spouses in court litigation. The divorce process can be complicated, and you need an attorney who is ready to address your needs and fight for your interests at all times. To schedule a free initial consultation with a knowledgeable Los Gatos, CA divorce attorney, call our office today at 408-395-8822. 

Sources: 

https://www.pon.harvard.edu/daily/mediation/what-is-divorce-mediation/

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