Divorce Options, Divorce Solutions

When mediation fails to produce a complete agreement

On Behalf of | Mar 3, 2023 | Divorce

Couples in New Jersey opting for divorce might attempt mediation to save on legal expenses. Mediation is a tool used to help couples divide assets and make provisions for their futures apart. Many challenges, such as who gets the house, children or pets, sometimes lead to severe conflict that shuts down the negotiations.

When mediation fails to produce a complete agreement, other actions become necessary to finalize a divorce. Some options include taking a break from negotiations and using the time to reassess what’s most important. Divorce mediation agreements depend primarily on compromise to be successful.

Reasons divorce mediation agreements fail

Communication breakdown is the primary reason mediation agreements fail. Trust issues, anger and other emotions force a failure to communicate and an unwillingness to compromise.

Unreasonable expectations are reasons divorce agreements fail because one person might blame the other for the failed marriage and believe they should be compensated for it.

One spouse might have contributed more financially to the marital assets. In contrast, the other might have contributed more emotionally or by being the primary caregiver for the children and believe they have equal rights to marital property and assets. Many couples experience an inability to compromise, particularly if they feel betrayed, alienated or abandoned.

What’s after failed mediation?

When mediation fails during divorce negotiations, there are other options. Weighing the pros and cons of ongoing arguing against compromising and moving towards a fresh start is an option.

Assessing the value of the marital union and assets and deciding if it’s worth the cost to continue to disagree or make a more extensive compromise for freedom and peace of mind.

Writing down what life looks like for yourself and your children helps provide a clearer vision. Divorce is complex, requiring compromise and sacrifice to succeed.