Courts often require couples to try mediation before taking a divorce case to trial. Mediation can save time and money, and it often leads to a resolution. But what happens when it does not work? Here is what you need to know about the next steps.
Returning to litigation
When divorce mediation fails, the case returns to litigation. The court must be informed that mediation did not resolve the issues. A judge may ask if both spouses want to try again, but if not, the case moves forward.
At this stage, both parties should prepare for trial. Attorneys may file motions to address child custody, alimony, or property division. The court will also confirm that all deadlines remain on schedule. When mediation does not work out, it is advisable to talk to a lawyer. They can help you understand your options and make sure you are prepared for the next steps.
Is settlement still possible?
Even after a failed mediation, settlement remains an option. Many divorce cases settle outside of court after both spouses reconsider their positions. Mediation often reveals strengths and weaknesses in a case. If new financial information surfaces, one side may decide to offer a better agreement.
Sometimes, another mediation session can lead to a settlement. Courts may encourage couples to try again before trial. Even informal negotiations between attorneys can resolve disputes without a judge’s decision.
Trial preparation begins
If no settlement happens, both spouses must focus on trial. This means gathering witnesses, reviewing financial records, and preparing arguments. Divorce trials can be costly and emotional, but they provide a final resolution.
Mediation confidentiality remains in effect. Parties cannot use information shared during mediation in court unless they obtain it from another source. This rule protects both spouses from having their settlement discussions used against them.
Divorce mediation often works, but when it fails, the case does not stop. The focus shifts back to litigation, with the possibility of another settlement attempt. If no resolution happens, the case will proceed to trial.