What if mediation doesn't work?

There are no guarantees that every issue will be resolved in mediation, and it's fair to ask what happens if it doesn't. The good news is that you lose very little by trying. Mediation is non-binding, so nothing is final until you both sign a settlement agreement which means you keep every legal right you started with, including the option to go to court. If you can't reach a full agreement, the progress you made isn't wasted. Any issues you did settle can be put in writing and carried forward, which narrows what's left to resolve and usually saves time and money if the case proceeds. From there you have options: you might return to mediation later once emotions have settled, move to a collaborative divorce, use arbitration for a binding decision on the remaining issues, or proceed to traditional litigation. Even a partial agreement leaves you further ahead than starting from scratch in court. In our experience, most couples who come to mediation in good faith reach a full agreement. But we'll always be honest with you about how things are progressing, and if mediation isn't serving you, we'll help you understand your next step rather than keep you in a process that isn't working.