When Mediation Fails

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What if Mediation Fails?
Mediation is best described as a process rather than an outcome.  The main goal of mediation is to help parties come to a mutual solution through open communication.  Even if a final solution isn't reached, it doesn't mean that mediation has failed, since many intermediate issues and problems may have been solved along the way.

What if We Can't Come to a Final Agreement through Mediation?
If two parties to a dispute cannot come to a final agreement through mediation, the case can still go to court to be reviewed and decided by a judge.  Again, even if the case needs to be submitted to a court after mediation, this does not mean that the mediation was not successful; many smaller issues may have been discussed and resolved in mediation, despite the parties' failure to reach a settlement.

Do I Need a Lawyer if Mediation Fails?
If mediation fails to provide the two disputing parties with a mutually agreeable settlement, issues like divorce and child custody can be submitted to a court.  If this is the case, it would be wise to speak with a family lawyer.  Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated court system.

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Last Modified: 08-30-2010 04:24 PM PDT

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