Choosing divorce mediation can be a constructive and cost-effective way to resolve your divorce. Mediation allows both parties to have more control over the outcome, encouraging cooperative decision-making instead of courtroom battles. Once the mediation process is complete, the next steps depend on whether an agreement was reached.
Some couples reach full or partial agreements, while others find that mediation is not the right fit for them. In either case, understanding what happens next can help you feel more confident moving forward with the legal process.
Next steps after successful mediation
If you and your spouse reach an agreement during mediation, the mediator will typically prepare a written summary of the terms, often referred to as a memorandum of understanding. This document outlines all of the decisions made regarding child custody, support, property division and other key matters. However, it is not a final legal order.
To finalize your divorce, the terms in the memorandum must be converted into a stipulation and order. This formal legal document is then filed with the court. Once approved by a judge, it becomes part of your final divorce decree. You may choose to work with a legal professional to draft this paperwork to make sure it meets court standards and reflects your agreement accurately. Once everything is submitted and signed, the court will issue a judgment of divorce.
What if the mediation process fails?
If you are unable to reach a full or partial agreement in mediation, the mediator will issue a mediation disposition notice. This document states that the case did not resolve and allows your divorce to proceed through the court system. A copy of the notice is usually sent to the court and both parties.
You can still pursue a resolution through litigation or other settlement options. In some cases, you may even return to mediation later if circumstances change or both parties are willing to try again.
No matter the outcome, obtaining legal guidance can help you understand your rights and options as you continue through the divorce process.