When Mediation Fails – What's Next?
An experienced family lawyer can guide you when mediation fails — it doesn't mean you have to go to court just yet.
Initial steps after failed mediation
Determine why the mediation failed, document each party's arguments, identify what each person wants, and keep negotiating until reaching agreement.
Take note of the positives
Even unsuccessful mediation provides valuable insight into the other party's position — it's very unusual for a couple to enter mediation and not reach agreement on a single thing, so minor issues are often resolved even when major ones aren't.
Common reasons mediation fails
Emotional issues — individual or joint counselling may help parties gain clarity before trying again. Lack of disclosure — seek financial documents from each other and attempt settlement again; legal action for disclosure orders may be necessary if there's non-compliance. Parties too far apart — reassess positions or consider arbitration, a much cheaper option than court. Intractable conflict — an experienced family lawyer can give objective feedback on reasonableness; if resolution proves impossible, court proceedings may become necessary.