What If You Don’t Agree During Mediation?
Mediation offers divorcing couples in Pennsylvania the ability to stay in control of their negotiations rather than turning power over to a judge to determine their future. In mediation, a neutral third party (the mediator) facilitates discussion and helps the couple resolve conflicts and come to mutual agreements. Divorce mediators are specially trained in the specific needs of divorcing couples to help them come to a settlement that can satisfy both parties.
At the Law Office and Mediation Services of Elissa C. Goldberg, we specialize in mediation and collaborative law, both of which offer couples a less expensive, quicker, and ultimately more satisfying outcome than litigation in court. When couples come to us for mediation, we will direct them on the pre-mediation preparations that will increase the likelihood of success. This includes:
- Gathering necessary documents
- Thinking through goals and desired outcomes
- Determining non-negotiable issues, but also being prepared with issues about which each is willing to compromise or negotiate
We will give you guidelines to help you work through these thoughts ahead of time so the mediation process goes smoothly.
What if you get stuck during mediation?
Sometimes couples may get stuck during the mediation process. This is normal. When this happens, first consider all the progress you have made. If you’ve resolved a number of differences and have come to an agreement on several issues, this is something to celebrate. For the remaining issues, you have a few options.
Take a break. This could be an hour to just cool down or a month to give both of you time to think, relax, and reevaluate. Then come back with a new focus.
Perhaps you may want to try Collaborative divorce. With Collaborative divorce, each party has an attorney next to them the entire time dispensing legal advice throughout the negotiation process. You have the resources and support that you need.
We encourage you to do your best to stay out of court. When there is a major disagreement and it heads to court, you are no longer in control over what happens. The courts are overwhelmed and it can take years to settle your divorce. Once the judge speaks, you are legally bound to that judgment, and usually, neither spouse is fully happy with the results.
What is best for your situation?
The mediation process is the least expensive, quickest, most emotionally healing form of divorce for most people, and it generally leads to the most satisfying final settlements. Litigation is the most emotionally painful form of a divorce dispute, the most expensive, takes the longest, and generally results in court decisions or settlements that do not satisfy either party. Collaborative law may take a bit longer and be more expensive than mediation, but it is often the best option when mediation does not work.
At the Law Office and Mediation Services of Elissa C. Goldberg, we are experts in both mediation and collaborative law. We help as many couples as possible stay out of court. Contact our Doylestown, Bucks County office at (215) 345-5259 for a complimentary initial consultation to see if mediation or Collaborative law is right for you.