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Does mediation work for everyone?

Although it would be nice if it did, mediation is not always the best solution for all divorces. Sometimes, one person or a couple is so angry at one another that they can't talk to one another to resolve the divorce. Sometimes, one person is vindictive or wants to manipulate the divorce by being difficult.

While a mediation session won't resolve anything for people who can't work together, it can be a great option for those who can. If you and your spouse can agree to try to work together, it may be a good choice because mediation can reduce the length of time it takes to resolve disputes and is often more cost-effective than going to court and litigating the case.

What happens if you try mediation and it fails?

To start with, understand that mediation is not binding. Even if you do go through mediation with your spouse, they could turn around and reject any resolutions you came up with after the session resolves. This isn't common, but it is a possibility.

If you go to one or two mediation sessions and find that your spouse isn't willing to discuss disputes rationally, you can simply end mediation. Nothing will change, and you will be able to decide if you want to go through arbitration or move on to litigation.

Our site has more information on resolving disputes as you go through a divorce. There are options available, but finding the right solutions for your situation will depend on what you and your spouse are willing to do to resolve your divorce.

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  • Court Certified Mediator Domestic Relations
  • Collaborative Practice Resolving Disputes Respectfully
  • Collaborative Law Institute Of Illinois

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