The goal of divorce mediation is for spouses to settle any ongoing disagreements. By working with a neutral mediator, spouses may be able to arrange a reasonable property division settlement and find a way to share their parental rights and responsibilities. Mediation can lead to an amicable, uncontested divorce where spouses have more control over the outcome, less public exposure of their private issues and less conflict with one another.
People sometimes believe that mediation is a one-off experience. They sit down for several hours to work through their disagreements and either sign a settlement or proceed with the litigated divorce. However, first mediation sessions do not always lead to spouses resolving their disagreements.
What happens if an initial attempt at mediation does not result in a signed agreement?
Multiple sessions may be necessary
Even those who prepare carefully for divorce mediation may find themselves feeling blindsided by certain claims made by a spouse. Their emotions may get the better of them as they try to work through various issues.
Despite the best efforts of everyone involved, mediation does not always lead to people settling their disputes and signing an agreement. In some cases, scheduling follow-up sessions with the mediator may be the best option available.
Spouses can give themselves time to consider one another’s perspectives and realign their expectations based on the demands made during the mediation session. Spouses may be able to negotiate an appropriate settlement when they have had time to process and reevaluate after a first mediation session.
Litigation could be necessary
Sometimes, mediation sessions make it clear that one spouse has no intent to compromise. Other times, discrepancies in financial records may indicate an attempt to manipulate the process through dishonesty.
There are a few red flags that could serve as warning signs that mediation is no longer the best option for the divorcing couple. In those unusual situations, either spouse can choose to cease participating in mediation. At that point, a litigated divorce might be necessary.
Approaching divorce mediation with an earnest desire to find viable solutions can help spouses streamline the divorce process and retain control over the outcome. Spouses who recognize that first sessions are not always successful can continue pushing for the best possible outcome as they attempt to negotiate the details of their divorce.