Depending on your circumstances, it can be tough to get your spouse to agree to mediation. Your spouse may be angry or in a position where they don’t want to negotiate with you.
Don’t let that stop you from asking them to come to mediation. Let them know that they don’t have to accept the results of the mediation sessions, but if they do like what they hear, then you can resolve the situation more quickly than if you have to wait to go to court.
Mediation isn’t binding, so that could be a benefit
In fact, explaining that mediation is nonbinding is one of the best ways to get someone to come to a mediation session when they are not currently interested. Explain that mediation is a good way for both of you to learn more about your legal issues without making decisions. Any offers that are made aren’t admissible in court, and they aren’t binding.
If you do come up with an agreement during mediation, then both of you still have the right to speak with your attorneys and to have them review that agreement before signing. If any issues are present, then you can simply turn down the agreement.
If this isn’t enough to convince your spouse to go to mediation, remind them that this will save money. It is generally less expensive to go through mediation than it is to go to trial. If they are worried about preserving assets, then they may be happier to go to at least one session.
Both of you do need to agree to go to a mediation session for it to work in your favor, but these are some convincing arguments to use. If your spouse agrees, then even one or two sessions could make a difference.