Mediation failed: Does that mean you need to litigate?

When you and your spouse decided that divorce was right for you, you both agreed to go into mediation. You tried it for several weeks, but you quickly found that although your spouse agreed to attend, they had no real intention of negotiating with you.

At that point, you realized that you’d need to look into working with a new attorney who was better prepared to litigate.

Will you have to litigate if mediation doesn’t work?

While divorcing your spouse can be a complex situation, that doesn’t mean that there aren’t options that can help you settle your disputes and resolve all of your divorce-related issues prior to going to court. Even if you’ve gone to divorce mediation and found that it wasn’t right for you, there may still be methods of resolving conflict that can prevent you from having to litigate.

For example, you and your spouse may have come close to an agreement during mediation. Your new attorney can review how far you got in the discussion and talk to you about what you’d like to see happen. They can reach out to the other party to see what their preferences would be and work with your spouse’s attorney to see if there is common ground that you can both agree on.

Mediation isn’t the right solution for everyone who divorces

Sometimes, mediation doesn’t work because you are communicating directly with one another in an emotionally charged situation. Having time to look over settlement suggestions when you’re not under pressure or when you can speak privately with your attorney may help you and your spouse settle more easily.

When do you know it’s the right time to litigate?

You may want to take your case to court if you and your spouse legitimately cannot come to an agreement despite working with your attorneys, mediators or others to resolve the issue. If you cannot agree, then you should discuss what you’d like to get out of your marriage and divorce with your attorney. They’ll help you prepare a strong case so that you can fight for the outcome you want.