What if Divorce Mediation Fails?
California is changing how divorce has always been viewed by requiring some people to go through mediation to settle issues such as child custody and visitation. This requirement is designed to resolve disagreements and make it more likely that parents will work together for the benefit of their family. Many couples begin this process unsure of how it’ll actually work out, but most find that it does. Starting with the end in mind is a good way to boost your chances of success. The San Diego divorce mediation experts from Divorce Options San Diego suggest knowing what will happen if you’re unable to reach an agreement in mediation will motivate you to do all you can to ensure mediation is successful.
Why Mediation Is Beneficial
Depending on your personal preferences, you may be quite happy about going through mediation. Alternatively, you may dread it and have serious concerns about how it could possibly be good for your family. Either way, you can expect to enjoy several benefits from going through mediation, no matter what the eventual outcome happens to be. For instance, you and your spouse will learn how to work together to resolve your differences with the help of a neutral party. Mediation also saves time and money, which are probably two major factors you’re concerned about regarding your divorce.
Common Reasons Mediation Hits an Impasse
Most mediation failures can be attributed to one or more common causes. In some cases, one party absolutely refuses to budge no matter how hard the other spouse tries to reach a compromise. Mediation can also fail because of simple matters that are preventable. For instance, someone who doesn’t show up for appointments or fails to provide important information can expect to have some struggles.
What to Expect if Your Case Goes to Court
If you absolutely feel as though mediation isn’t going to work for you, you must file to have your divorce case heard in court. Depending on your county, you may need to provide proof that you tried to resolve your differences through mediation. In some cases, the judge may request information from your mediator regarding recommendations for the outcome of the divorce, but this isn’t always the case. The one thing you should be aware of with this option is that you lose control over the decisions that are made. Once you pit you and your spouse’s lawyers against each other, the judge is the one who makes the final decision, which can be unpredictable and may not always work in your favor.
How to Do Your Part to Make Mediation Work
When the rest of your life hangs in balance, you need to know the decisions made right now are what you want for the future. Mediation is the best way to make sure that happens. When you begin mediation, you have the ability to make it work. Start by making sure you maintain an open and positive perspective that helps you work through your differences. Always show up to your appointments on time and be open to respecting your spouse’s needs and desires. While it may take several appointments, making mediation work can save you time and money and help you heal from your divorce.
Mediation is much preferable to hiring a lawyer and having to make countless court appearances. You can boost your chances of successful mediation by hiring mediators with experience in helping couples with the legal, financial, psychological, and emotional aspects of divorce. The expert San Diego divorce mediators at Divorce Options San Diego provide a one-stop shop, offering comprehensive services that cover all aspects of divorce, from beginning to end. Give us a call today at (858) 281-2628