Why Mediation Fails – Part 2

Why Mediation Fails – Part 2

In April, I discussed many of the common reasons why divorce mediation fails. In part 2 of this blog, I address some of additional frequent reasons for failure.

Timing: On party is not ready to discuss the issues. Despite court orders to attend mediation, one party may not be ready to address the issues necessary to resolve a divorce. They may not want the divorce, may not understand the finances, or may just want to be difficult in the process. However, this roadblock can often be removed with the assistance of trained mediator who can discuss any of the issues in a non-confrontational and supportive setting.

Manipulation: Sometimes one side wants to control the mediation and take the power away from the other side. This is very common and a mediator is in a good position to manage the power struggle of parties going through a divorce. Many options exist during process to equalize the playing field and develop a fair and balanced process to work through the issues.

Cold Feet: Although neither party can stop a divorce from occurring, sometimes at the last moment, one party decides they need to “think about it.” It is always important to give people the time they need to evaluate their options. However, a trained mediator can add comfort to making that final decision to sign.