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What To Do When Divorce Mediation Doesn’t Work
Trying to get a divorce agreement that both people agree to can be a frustrating and time-consuming process. A couple going through a divorce may be hurt, angry, and depressed, and each couple may feel they deserve a larger share of their assets. With so many emotions at stake, many couples seek out divorce mediation, where a neutral third party can serve as an objective observer and help the two settle everything in a mutually agreeable way.
Why Doesn’t Mediation Work?
Even though mediation is an excellent tool, it doesn’t always work. Sometimes emotions are just too intense. If the couple isn’t even speaking to each other, if neither one is willing to be flexible about what they want, or if one person suspects the other is hiding assets from them, mediation is unlikely to be helpful. The mediation sessions may go from calm discussion to yelling matches in a matter of minutes, and at that point it’s best to choose a different plan.
What Happens Next?
Whether mediation has been dismissed as an option from the beginning or tried unsuccessfully, the next step after that is litigated divorce. In this case, both people involved hire a divorce attorney to represent them and their interests. This may not always end in a court appearance if the attorneys are able to reach an agreement that both of you can agree to. While this may sound like mediation, it’s very different in a few ways. For one, these attorneys will have the power to legally require both parties to disclose all their assets. Additionally, the attorneys can discuss agreements without both clients being present, which means there is less hostility influencing the decisions. When the couple is presented by their attorney with a possible settlement, they may feel good about it, while they may feel very differently about it if they had to hear their soon-to-be ex suggest it.
What If It Does End Up In Court?
If a couple’s attorneys are not able to get both parties to agree to a settlement, then the case will go to court. When negotiation efforts fail, the attorneys will try to win the best possible outcome for whoever they are representing. Since there can be no middle ground here, whoever loses will be very unhappy with their outcome. This is why it’s essential to choose a lawyer you trust to fight on your behalf. If you are in this situation and are seeking a lawyer, contact Ronald Kossack, who is experienced in both the mediation and divorced process.