Mediation & Collaborative Divorce Attorney in Hingham, Massachusetts
What happens if we cannot reach an agreement during mediation?
What happens if we cannot reach an agreement during mediation?
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If there’s a breakdown during a mediation session, the parties can generally use some of the mediation to resolve some of the other issues. Parties don’t have to agree on everything. Because a mediation is directed by the parties, the mediator tries to get the two parties to come to some middle ground. If they can’t agree on all of the issues, they can take the middle ground that they have reached and use that to develop an agreement going forward. And if there are still issues that they can’t agree upon they can always bring those issues before a judge and have the judge give them some direction as to which way they should go with those particular issues.
Hingham, MA family law attorney Carmela M. Miraglia talks about how she can navigate a breakdown in mediation and not let disagreements stop the process. She notes that if a breakdown occurs during a mediation session, the parties can often use the progress they’ve made on other issues to continue moving forward. They do not have to reach agreement on everything. Since mediation is directed by the parties, the mediator works to help them find common ground. If they cannot agree on all issues, they can take the compromises they have reached and use them to develop a partial agreement. Any remaining unresolved issues can then be brought before a judge, who can provide guidance on how those matters should be resolved.
