What If Mediation Doesn’t Work?
February 12, 2016 by West Coast ADR
Many British Columbia couples find mediation an attractive alternative to divorce because it gives them more control over the situation and is a less adversarial process. However, despite everyone’s best intentions, not all meditation attempts actually result in an agreement. It’s important to understand what happens in the event that you are unsatisfied with a mediation attempt so you are prepared for the next step.
If you are not satisfied with the way the mediation is going while you are still in process, don’t give up hope. It’s common for these situations to go through a couple of bumps before an agreement is reached. Take a step back and honestly evaluate whether you are coming into the mediation with an attitude of cooperation and are prepared to make concessions. Both parties must be willing to work together for a successful mediation.
If you find that you just cannot reach an agreement, you are free to end the mediation at any time. You cannot be legally forced to continue a meditation. However, it’s important to be aware that the alternative is to take the case to trial, so make sure you really cannot reach an agreement before deciding to back out.
In some cases, a party may be unsatisfied with the arrangement after the mediation agreement has already been filed and turned into a court order. In these cases, there may be very little you can do unless it is a matter related to child custody or visitation and the child’s circumstances have changed significantly since the mediation. It’s best to talk to a lawyer about your options in these cases.
Source: British Columbia Ministry of Justice, “Ministry of Justice Guide to Mediation in BC,” accessed Feb. 12, 2016
Many British Columbia couples find mediation an attractive alternative to divorce because it gives them more control over the situation and is a less adversarial process. However, despite everyone’s best intentions, not all meditation attempts actually result in an agreement. It’s important to understand what happens in the event that you are unsatisfied with a mediation attempt so you are prepared for the next step.
If you are not satisfied with the way the mediation is going while you are still in process, don’t give up hope. It’s common for these situations to go through a couple of bumps before an agreement is reached. Take a step back and honestly evaluate whether you are coming into the mediation with an attitude of cooperation and are prepared to make concessions. Both parties must be willing to work together for a successful mediation.
If you find that you just cannot reach an agreement, you are free to end the mediation at any time. You cannot be legally forced to continue a meditation. However, it’s important to be aware that the alternative is to take the case to trial, so make sure you really cannot reach an agreement before deciding to back out.
In some cases, a party may be unsatisfied with the arrangement after the mediation agreement has already been filed and turned into a court order. In these cases, there may be very little you can do unless it is a matter related to child custody or visitation and the child’s circumstances have changed significantly since the mediation. It’s best to talk to a lawyer about your options in these cases.
Source: British Columbia Ministry of Justice, “Ministry of Justice Guide to Mediation in BC,” accessed Feb. 12, 2016