When Mediation Fails
Mediation is a technique for resolving disputes in which a trained mediator sits down with both parties to a conflict and tries to help those parties work out a deal. During a divorce, many people first choose mediation to try and resolve their issues. More often than not, mediation works well, and both sides can come to an agreement.
But there are many myths about what mediation can and can’t do for you. Here are some important things to understand about the mediation process:
- Mediators are trained to help people resolve their issues and settle their differences themselves — but, mediators can’t force people to agree to anything.
- Mediators don’t take sides. They are supposed to be independent and neutral, to help guide the parties towards finding solutions for resolving their differences.
- Mediators have no authority to decide any issues of the case or force you or your spouse to do anything.
- Mediation only works when both parties willingly participate and cooperate with the process. You have to be honest and open, and disclose your income, expenses, assets, and liabilities. A mediator can’t help you divide up your assets, or figure out if you can both still live comfortably after the divorce, if you both aren’t honest about your finances and circumstances. Mediation requires cooperation.
Mediation can be a great solution for helping resolve your differences, and create a more flexible agreement than one handed down by a court. It also helps cut down on costs associated with taking your case to court.
But mediation isn’t for everyone, and it often fails because the parties can’t come to an agreement. In many cases, especially where there’s a custody dispute, you will need the expertise of an attorney.
If you’ve attempted mediation, and it hasn’t worked out for you, give us a call. We can help.
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We practice in all areas of divorce and family law including:
- Women’s Divorce
- Men’s Divorce
- Military Divorce
- Legal Separation
- Child Custody
- Child Relocation
- Child Support
- High Asset Cases
- Community Property Division
- Division of Community Debt
- Division of Retirement Assets
- Protection of Separate Property
- Enforcement of Orders
- Modification of Orders
- Domestic Violence
- Grandparents’ Rights
- Guardian Ad Litem
- Prenuptial Agreements
- Uncontested Divorces
See what our clients have to say:
"Our daughter hired Bo Frazier as her attorney in a long drawn out 4 year divorce, and anytime I called or emailed them, their response was within a day. We live in Hobbs, and the firm is in Alb. but it didn’t matter, things were addressed quickly.
If you want an excellent firm to fight for you, choose Frazier Law Firm."
If it involves divorce or family law, we can help you!