Resolving Issues with Mediation May Be Necessary
When a couple decides to divorce, they need to try to come to an agreement regarding settlement terms. In Arizona, property and other assets, as well as debts that were accumulated during the marriage belong to both parties. When parties are unable to come to an agreement, the matter may require resolving issues with mediation. But what happens if mediation fails? At least attempting mediation may be necessary in order to proceed with the divorce.
Mediation as a Solution for Divorce Problems
Mediation is a solution that may be helpful for some couples during a divorce. There are often just a few sticking points that cause a divorce to stall. Both parties may feel entitled to their point of view and may need to take a step back to look at the issues with new eyes. The mediator can provide this new perspective. Couples need to realize, however, that mediators aren’t miracle workers. They can only provide an objective platform on which to negotiate. Some couples make the mistake of thinking that a mediator will fix the problems immediately.
What to Do If Mediation Doesn’t Work
If mediation fails to provide a satisfactory resolution, couples have only a few options left open to them. They may decide to go to trial. This means that they will allow the judge to make the final decisions in their case. They may decide to go back into mediation again. Or, they could try to negotiate the issues on their own. At any stage, their attorneys will be instrumental in helping spouses resolve difficult matters.
Deciding What to Do if Mediation Failed
If mediation did not work as you thought it would, evaluate the process. It may be true that you simply require more time with a mediator in order to make progress. If you haven’t given mediation a fair chance, it may be advisable to do so. If you feel that mediation did not make a difference, or even made things worse, you may want to explore your other choices. Your attorney will help you assess mediation, as well as the settlement issues that are still in conflict. You may find that both parties need to compromise in order to achieve a fair outcome.
If you are going through a difficult divorce, you need support from a highly qualified family law attorney. Call the compassionate legal team at Udall Shumway PLC to discuss your divorce case with a consultation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Resolving Issues with Mediation, or any other family law issue, please feel free to contact Sheri D. Shepard at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.