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What Happens When Mediation Fails?

July 21, 2015 by West Coast ADR

Sometimes, couples start out with mediation and realize that they are not going to be able to reach an agreement on some key issues. In these situations, the case would then need to be moved to the family courts. When this happens, it’s normal and expected to have questions about how what you may have said or done during the mediation process may influence the court proceedings.

As a general rule, the mediation discussions are considered confidential, even if the mediation was not successful. Any proposals or concessions you made trying to reach an agreement in mediation are not admissible in court. It’s important to understand that this goes both ways. You also will not be able to argue that your spouse agreed to something in mediation, so that should still apply now that the case has been moved to the courts.

Mediators also cannot act as witnesses for either side during the court proceedings. This is important because it ensures that both parties are comfortable talking openly and freely with the mediator when trying to come to an agreement. However, it’s also important to note that mediators cannot and will not provide legal advice. They are considered a neutral third party and also are not responsible for protecting either parties’ best interests.

Whether you are considering using the mediation process or have tried and failed to reach an agreement through mediation, at West Coast ADR Law Group, we can help. Our lawyers work with those going through mediation to ensure they understand any possible consequences of a proposed settlement and help those who wish to move on to the family courts understand what to expect.

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