Couples who do not agree on terms for an upcoming divorce may decide to mediate. During divorce mediation, spouses review their disagreements and discuss their expectations. They may undergo economic mediation to address financial matters. They may also need to address parenting concerns. With the right approach, spouses may be able to compromise and arrive at a settlement.
Successful divorce mediation results in the spouses signing a binding agreement. That document clarifies all of the terms they set in mediation and paves the way for an uncontested divorce. However, not all spouses end mediation in agreement with one another.
What happens if spouses do not sign an agreement after their mediation session?
There are several options available after mediation
Mediation is not always successful right away. Some couples have to attend multiple sessions to arrive at a compromise that works for them. Those who have failed to reach an agreement may simply need to schedule another session to work toward the resolution of their outstanding disagreements.
Other times, it may be obvious that there is too much of a discrepancy between the spouses’ expectations. They may have already attempted multiple sessions without much success. It may be better to have attorneys resume direct negotiations. Otherwise, the spouses have the option of litigating in family court.
One of the many benefits of divorce mediation is that it does not lock people into a specific outcome ahead of time. If spouses cannot amicably resolve their disagreements, then they can theoretically pursue a traditional contested divorce after unsuccessful mediation attempts. Ideally, both spouses agree to make compromises so that they can retain control over the divorce process and move forward with an uncontested divorce.
Knowing what to expect if divorce mediation succeeds or fails can help people better prepare for the process ahead. When spouses cooperate, they can privately settle matters in a way that truly works for their family.