If I Try Divorce Mediation Can I Later Change My Mind?

By | March 19, 2011

People try divorce mediation for a number of reasons.  One important reason is that they want to stay focused on what is best for their children.  Another reason is that they want to save on the costs of their divorce.  People who want to mediate their divorce are committed to these and other important goals.  However, mediation sometimes does break down.  For whatever reason, the parties cannot come up with a reasonable compromise on one or more issues, and they cannot benefit from further attempts at negotiation.  In such situations, people may find their own lawyers and continue their divorce through litigation.  They will have benefited from the mediation process because those issues that they were able to resolve should be set forth in a stipulation for judgment or other such agreement.  They still will have saved divorce costs because their lawyers would have very few if any issues to litigate.  Fewer issues at trial means less attorney time spent resolving them.  So you can certainly try mediation.  If one or both parties decide to litigate, they can simply withdraw from mediation, retain a lawyer, and begin the litigation process by filing the appropriate documents in court.  There is no stigma for having failed to negotiate an amicable divorce, and at least the parties will know that they truly tried to resolve their differences before resorting to litigation, which, if any portion of the mediation was successful, will be minimal.

Why not call our office today to try divorce mediation?  You have nothing to lose and a great deal to gain.