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What happens when divorce mediation doesn’t work?

On Behalf of | Mar 8, 2023 | Firm News

Sometimes the court will order an estranged Texas couple to go to mediation, and in other cases they will make the choice to go. Regardless of how they end up there, mediation can be a great tool for divorcing couples to get on the same page.

What is the purpose of mediation?

Mediation allows the couple to talk through most of the major changes that can happen in a divorce. Parents might discuss how they want custody and child support payments to go, while other couples might figure out who gets the house and other marital assets.

The typical mediation process will involve a neutral third party to help control the conversation in order to minimize conflict. However, mediation can be frustrating and become heated. In this case, some individuals might want to bring lawyers to help them navigate the process.

Will mediation solve everything?

It’s unlikely that all of your problems will be solved in a single mediation session. Multiple sessions might be needed to tackle larger issues.

During the mediation process, you might consult various professionals, including child custody experts to financial planners. This team can help you see things from a more nuanced perspective, as well as let you know what could happen if you take the matter to court.

What if mediation doesn’t work?

If you’ve given it several good attempts but there are still things you and your spouse disagree on, you can always take it to court. There are many reasons to try and solve your issues in mediation though.

You can’t argue with a court decision, and the court may decide something that doesn’t work for you and your spouse. Having control over that final decision can be empowering in a time of instability, as well as be the cheaper option.