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Reasons that mediation can fail

On Behalf of | Jun 8, 2020 | Divorce, Firm News |

Georgia divorces that end in amicable settlements through mediation typically last longer than those achieved in court. We often work with clients to help them reach an agreement and move forward with their lives. 

Divorce Magazine states that voluntary mediation occurs when an unbiased third party helps couples resolve issues and settle differences without the expense of court. Although it often results in a satisfactory settlement, the process is not always successful. There are several reasons mediation fails. 

Unrealistic expectations 

Although mediation succeeds for a large percentage of people who choose this method for their divorce, it is not a magic pill. You may believe it will work for you because it worked for your neighbor or your brother’s best friend’s parents, but mediation takes a lot of time and dedication from everyone involved to make it work. As a result, understanding how the process works is critical for setting manageable expectations. 

Insufficient preparation 

The goal of mediation is for both parties to walk away satisfied with the settlement. This includes everything from the equitable division of property and parenting plan to who gets the 401(k) and family pet. Make a list of negotiable and non-negotiable items and understand that successful mediation occurs with give and take from both sides. 

Good faith is one-sided 

Both you and your ex must want the process to succeed. If one of you does not participate in good faith and make every effort to help it work, it will not work. Mediation is generally a voluntary process, and you must approach it with flexibility and an open mind. If you have any doubt, an experienced professional can help you determine if your case can benefit from mediation.