Do We Have to Go to Court If Mediation Doesn’t Work?
Divorce mediation is often a favorable alternative to the traditional route to a divorce: the courtroom. Mediation is often successful when both spouses are motivated and dedicated to the process. It also helps immensely to have guidance from an experienced divorce mediator. It’s always good to have a plan B though. You may be wondering what happens if you fail to reach agreement in mediation. You may have to go to court if mediation doesn’t work for you and your spouse, but the time you spent in mediation will most likely save you time and money in the courtroom.
Your options are somewhat limited when you and your spouse cannot agree on the terms of your divorce even in mediation. You may have to commence the divorce litigation process. The judge of the Probate and Family Court will make the decisions for you if you take your divorce to court because you cannot agree. Trying mediation first can help you and your spouse clear away some of the easier issues in your divorce. This can speed up the litigation process by reducing the number of issues that need to be addressed in the courtroom. It can also reduce your legal costs because your attorney will only be handling certain matters. It is not uncommon for couples to choose mediation to address issues they want to stay in control of while taking other contentious issues to court for a judge to decide. Mediation is entirely voluntary and its success hinges on how motivated you and your spouse are to reach an agreement.
You should speak with an experienced Massachusetts divorce mediator if you have any questions about how you can use mediation in your divorce.
Some couples decide to use divorce mediation to reach agreement on specific issues such as thedivision of property and debts or alimony. Mediation can be effective even in complex and contentious divorces. In fact, some complex property divisions are best handled in mediation because it allows the couple more control over who gets what.
Trained mediators have the skills needed to help spouses see eye to eye on issues they previously could not resolve. Because mediation is often successful and can save you time and money on your divorce, it is a good idea to consider it before you resort to litigation in court.
Do you have questions about your options for a divorce? If so, Mediation Advantage Services can help. Experienced in divorce mediation, family law attorney Polly A. Tatum can help you and your spouse navigate the mediation process, ensuring you the highest chance of success. Based in historic Worcester with a satellite office in Northboro, MA, our firm serves all cities and towns throughout Massachusetts and Worcester County including, Auburn, Paxton, Leicester, Sutton, Grafton, Shrewsbury, Westboro, Northboro, Southboro, Holden, Sterling, Princeton, Worcester, Charlton, Millbury, Dudley, Spencer, Brookfield, Sudbury, Natick, Framingham, Hopkinton, Milford, Blackstone, Leominster, Fitchburg, Acton, Jefferson, Barre, Oakham, Cambridge, Newton, Marlboro, Lancaster, Bolton, and Hudson. Call our office at (508) 795-1557, fill out our online form, or email us at [email protected] today to schedule your Complimentary Mediation Success Planning Session. You can also sign up for our eNewsletter or download our free e-book for more information regarding divorce in Massachusetts.