What Do You Do if Mediation Does Not Work?

Given the highly sensitive nature of family law issues, mediation offers families an alternative to taking their case to court. Mediation offers a compromise, allowing family members to communicate their concerns with the guidance of a neutral party. Understandably, you may feel disheartened when your issues remain unresolved through mediation. When mediation does not pan out, you may be wondering what other options may be available to you.

If you have recently experienced failed mediation or are interested in trying mediation, our Murfreesboro family mediation lawyer is available to speak with you.

What are the Benefits of Mediation?

Mediation is the informal process by which a neutral third party (mediator) will facilitate an open dialogue between family members. Mediation comes with several benefits, including:

• Reduced costs: Avoids court fees and other filing costs associated with litigation
• Allowing couples to make decisions tailored to their needs, not based on a judge’s ruling
• Maintaining confidentiality: Your matter will remain private, not becoming part of the public record
• You can still retain your own counsel (and we strongly advise you to!) to confer with on legal matters
• Help facilitating conversation: The mediator will help guide the conversation, keeping an open dialogue between both parties
• Settlement over litigation: In most family law cases, mediation will result in a settlement, avoiding the stress and time consumption of court

Is Mediation Required in Family Law Cases in Tennessee?

In any contested divorce, legal separation, paternity and custody modification case, TN Code § 36-4-131 states that both spouses must participate in court-ordered mediation. Even in cases where mediation is not court-ordered, spouses often choose mediation to reduce costs and to facilitate an open dialogue. By avoiding the courtroom, many couples feel that their relationship can remain on good terms.

Why Would Mediation Fail?

While mediation can be a useful tool, it does not work in every situation. Some of the reasons that mediation may fail include:

• Lack of cooperation between one or both parties.
• Heightened emotions, which cause one party to resort to yelling, reducing the ability to have productive conversations.
• If one or both parties have unrealistic expectations. This may involve a refusal to budge on important issues or one party becoming disgruntled if he or she has to give some leeway.
• If either party is hiding information, such as assets, bonuses at work, or undervaluing real estate holdings.
• Marital asset dissipation: One spouse spending down or cashing out one or more joint bank accounts to avoid an equitable distribution of assets.

Options if Mediation Fails

If mediation fails, it is critical not to become discouraged but rather to consider the following alternatives:

Negotiate Privately Through Attorneys

If mediation fails, you should continue negotiations with private counsel to attempt to reach a resolution. Even if a trial date is scheduled, you can still settle your case up until the first day of court.

Request a New Mediation Session

Tennessee law does permit you to schedule a new mediation session if the first one failed. In some cases, a “cooling off” period may be helpful to allow both you and your spouse to calm down before attempting to reach a compromise. As a Rule 31 family mediator (as required by Tennessee law), Attorney David L. Scott has successfully assisted couples who have decided to give mediation more than one attempt.

Take Your Case to Court

If settlement negotiations fall through and a new mediation session fails, then going to court may be your only option. Taking your case to court should be a last resort. As previously discussed, litigation is expensive, time-intensive, and stressful, placing a heavy burden on both parties. Unfortunately, in situations where spouses cannot come to terms, going to court may be the only solution.

Reach Out to Our Murfreesboro Family Mediation Lawyer Today

The issues that accompany divorce or legal separation can place a family in financial or emotional distress. Between property division, alimony, child custody, and child support concerns, you may feel that reaching a compromise is impossible. At the Law Office of David L. Scott, our Rule 31 family mediator aims to help spouses find a common ground while being legally compliant. To schedule a consultation with our Murfreesboro family mediation attorney, contact us online or by calling (615) 896-7656 today.