Available Options when Mediation does not Work

Just as marriage, a divorce can be a huge life changing event.  The repercussions can affect more than just the spouses such as children, in-laws, friends, co-workers and many more.  In divorce or family law matters, mediation is common. In some cases, the court orders that the parties go to mediation. After a case is over in a divorce or family law judgment, the court may even order the parties to mediate future disputes. In other cases, the parties might agree to go to mediation.

The intention is both parties can resolve their areas of dispute when they participate in mediation.  Oftentimes, mediators try to look for common-ground and compromise between the parties. Mediators may also offer their recommendations to the parties.

Mediation can often be successful. In many scenarios, parties can walk away from mediation having an agreement in-hand. An agreement can result in parties being able to avoid litigation and disputes. A mediated agreement is often good for the children in a custody case because they will not be stuck in the middle between their parents.

However, mediation in divorce and family law matters does not always work. Sometimes, parties go to mediation in good faith in an attempt to resolve their dispute. Unfortunately, there are times where the parties cannot reach an agreement.

The mediator can only offer their advice or recommendations and cannot enforce the parties to do anything.  Therefore, other options will need to be explored if mediation does not equal an agreement in a divorce or family law matter.  There are numerous of other possibilities.

First, parties cannot sometimes take a break and then try mediation again. If the issues are not in imminent need of being resolved, parties may consider taking some time and re-engaging.

Second, parties might agree to use a different mediator. In some situations, the mediator is not a good fit for the parties or the dispute. Thus, the parties might utilize a different mediator with a different skillset.

Third, parties might agree to utilize arbitration instead of mediation. In arbitration, unlike mediation, the arbitrator can make a decision that is binding on the parties. Some parties might be hesitant to engage in arbitration because they waive appeal rights, but arbitration is sometimes an option.

Fourth, collaborative practice is another option for parties to consider. In collaborative practice, parties have their lawyers with them. They also have the assistance of other collaborative professionals, like a divorce coach, financial neutral or child custody professional.

Fifth, parties might have to go to court to resolve their divorce or family law matter. While litigation can often be expensive and emotionally tolling, going to court can sometimes be the only option for parties when they cannot reach an agreement outside of court.

In the end, mediation is often worth the attempt. If parties can resolve their divorce or family law matter in mediation, this can save parties attorneys’ fees and the time spent in court. But this is not always possible. For this reason, it is important to consider what happens if mediation is not successful.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, Best Lawyers, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.