What Happens If We Can’t Reach an Agreement in Mediation?
Often the preferred method for resolving family law disputes, mediation allows both parties to negotiate and reach agreements in a less contentious and more cost-effective environment than traditional court proceedings. Mediation works in many situations, but there are times when the process doesn’t connect individuals with a resolution.
When mediation fails, cases typically move to litigation. Then, judges make binding decisions. If you’re facing this situation, an experienced Orlando family lawyer can help you secure the best possible outcome available.
Filing a Notice with the Court
Once mediation breaks down, the next step is to file a notice with court to have the unresolved issues heard. Your attorney will submit this notice on your behalf, outlining the areas of disagreement and requesting a trial. For example, if you and your spouse cannot agree on child custody arrangements or how to divide marital assets, the court will schedule a trial to address those specific concerns.
During the litigation process, both parties will present evidence and arguments before the judge, who will then make decisions based on Florida family law. At this point, it’s important to be well-prepared, as the judge’s ruling will be legally binding and may not reflect the compromises you were hoping for in mediation.
The cooperative process ends when a case enters the litigation stage. Court hearings can become adversarial, with both parties seeking to present their case in the best light. A trial can include witness testimony, expert evaluations (such as child psychologists or financial experts), and cross-examinations. The judge will review all the evidence presented.
Litigation can be stressful, lengthy, and expensive, especially when compared to mediation. Parties have more control over outcomes when they are able to craft an agreement through negotiation. In contrast, during a trial, the final decisions are entirely in the hands of the judge, who will base their ruling on legal statutes and the documentation provided.
Reaching a Partial Agreement
In some cases, mediation may fail to resolve all issues but still result in a partial agreement. This could be true if you and your spouse agree on child custody but not on property division, for instance. In these situations, the court will only need to address the unresolved issues, which can help streamline the litigation process.
It’s important to note that a partial agreement can still save time and money, as fewer disputes will need to be litigated. And in some cases, a judge may encourage or order additional mediation sessions even after initial mediation has failed. If both parties are close to an agreement or new information comes to light that could lead to a resolution, returning to mediation may be beneficial. A skilled Orlando family lawyer can help assess whether further mediation is likely to be productive.
Are you exploring mediation but have concerns about if it will be effective or not? The family law attorneys at Donna Hung Law Group can inform you of your options and guide you through your chosen process. Call 407-999-0099 or contact us to schedule a confidential consultation.
