If you are involved in a divorce, you probably already know that mediation is a process that gives couples the option of resolving their differences rather than going through the court process. Mediation works for some people because it is both private and confidential. However, rather than an outcome, mediation is viewed as a process. In saying so, it is clear that mediation does not work for everyone.
For Those Who Never Reach a Final Agreement
Open communication is not always possible, which means that a mutual solution is not always possible. If a final solution is not reached, this does not mean that your mediation was a failure. You probably learned many things along the way and solved some of your problems. If you do not settle at mediation, you may endure an evaluative approach. This is when the mediator will put you in the midst of a fictitious courtroom and consider all evidence. They may help you predict what will happen to you if you engage in litigation.
You have many options if you cannot reach an agreement. Many people will first decide to go to trial to have their case decided by a judge. The judge will usually help you settle the larger issues in the midst of your case. You may also choose to go back to mediation in an all-new process. If you believe that the mediator was ineffective and this is why you could not reach an agreement, you can choose a new one. You also have the option to continue negotiations on your own.
When Court Becomes Your Only Option
If you believe that nothing else is working out for you, then court may be your best option. You always have the right to litigation for your matters even if it is the most expensive and jarring option. You should speak to an attorney about your options regarding your divorce so you can get the best idea of where to turn. Call us today for more.