Does Mediation Always Work? What Happens If It Fails?

Understanding Family Law Mediation in Missouri

Mediation in Missouri family law cases offers a structured yet flexible approach to resolving disputes. Whether you’re dealing with divorce, child custody, or support issues, mediation provides an opportunity to reach agreements outside of court with the help of a neutral third party.

When Mediation Works Best

From our experience helping St. Louis families, mediation tends to be most successful when:

• Both parties are committed to finding solutions
• There’s a willingness to communicate openly
• Financial information is freely shared
• Each party can advocate for their interests while remaining open to compromise
• The issues involved are negotiable

Common Challenges That May Lead to Failed Mediation

As experienced St. Louis family law attorneys, we’ve observed several factors that can hinder mediation success:

• Significant power imbalances between parties
• History of domestic violence
• Hidden assets or financial dishonesty
• Extreme positions on child custody or parenting time
• Mental health or substance abuse issues
• Deep-seated distrust between parties

What Happens When Mediation Fails?

If mediation does not result in an agreement, there are still options available to resolve the issues at hand:

1. Return to Negotiation – Sometimes, mediation fails simply because emotions are running high at the moment. After taking time to reflect, couples may be open to revisiting the negotiation process. A skilled attorney can help facilitate further discussions outside of formal mediation.
2. Consider Arbitration – Arbitration is another form of alternative dispute resolution. Unlike mediation, arbitration results in a binding decision made by a neutral third party. This process is more formal than mediation but less adversarial than a trial.
3. Proceed to Litigation – Litigation becomes the next step if alternative dispute resolution methods fail. This involves presenting your case in court, where a judge will make the final decisions regarding unresolved issues, such as property division, child custody, or support arrangements.
4. Partial Agreements – Even if mediation doesn’t resolve every issue, it can still lead to partial agreements. For example, you might agree on child custody but not property division. In such cases, the remaining disputes can be addressed through litigation.

If you’re considering mediation or have experienced unsuccessful mediation, The Betz Law Firm can help you understand your options and develop an effective strategy for moving forward. Contact us to schedule a consultation and learn how we can assist with your family law matter.