What Happens Next if Divorce Mediation Does Not Work?

 Posted on December 23, 2024 in Mediation

Divorce mediation is typically a less stressful and more cost-effective way for couples to resolve their differences and reach a settlement. However, it does not work for everyone. If you and your spouse cannot agree on key issues through mediation, it is important to understand what happens next. 

Knowing your options can help you prepare for the next steps in the divorce process. An Illinois family law attorney with experience in both mediation and divorce litigation can guide you, advocate for you, and help you pursue the best possible outcome.

Why Divorce Mediation Sometimes Fails

While mediation can be effective in many cases, it is not suitable for every situation. Sometimes, a significant power imbalance between spouses makes it difficult for one party to effectively advocate for their needs. For example, if one spouse is a family law attorney and aggressively advocates for themselves during mediation, compromise may not be possible. 

In other instances, one spouse may refuse to negotiate in good faith or show an unwillingness to compromise, which undermines the process. Emotional conflicts or unresolved resentment can also create barriers to negotiating effectively, making it hard for the couple to reach an agreement. Additionally, if the divorce involves complex financial assets or legal issues, court intervention may be necessary to address these challenges properly, especially if there are questions of fact. 

Litigation After Unsuccessful Divorce Mediation

When mediation does not result in an agreement, couples often try to negotiate directly or through their attorneys. Although mediation may not have worked, it is sometimes possible to resolve remaining issues outside of court with additional negotiation. This can save time and money, and a skilled attorney can help assess whether further discussions are likely to be productive.

If negotiation is not successful or practical, the divorce case will move to court. At this stage, a judge will decide on any unresolved issues, such as property division, child custody (parental responsibilities) and visitation (parenting time), child support, or alimony (spousal support). The litigation process begins with filing a motion to bring the case before the court. Both spouses will then present their arguments and evidence, and the judge will issue a legally binding decision based on Illinois law.

Before a trial takes place, the discovery process is used to gather important information. This involves exchanging documents, answering written questions, and, in some cases, giving oral testimony under oath. The purpose of discovery is to ensure that both parties have access to the necessary information to build their case. Once discovery is complete, the case may proceed to trial.

What Are Divorce Trials Like? 

Divorce trials can feel a bit like what you see on TV courtroom dramas, but with less theatrics. They are formal proceedings where both spouses present their arguments, evidence, and witnesses to a judge, who makes the final decisions. It is often a structured and detailed process, with each side working to prove their case. 

Some couples may explore other dispute resolution methods, such as arbitration, before going to trial. In arbitration, a neutral third party acts as a private judge and makes binding decisions on disputed matters. This option, while less common, can offer a quicker resolution than court litigation. No matter what method you choose, having a good attorney by your side helps make the experience smoother and ensures your voice is heard.

Contact a DuPage County, IL Divorce Litigation Attorney

If mediation does not resolve your divorce disputes, you do not have to navigate the next steps alone. A Wheaton, IL divorce lawyer at Andrew Cores Family Law Group can help you understand your options and guide you through the legal process as you move forward towards litigating your divorce in court. Call 630-871-1002 today to schedule a free consultation and discuss your case.