Divorce mediation is a popular method for spouses in Georgia, offering speed, affordability, and privacy. However, this alternative dispute resolution (ADR) strategy is not perfect. Mediation can fail. When it does, spouses may wonder what happens next. Can you still attempt a different form of ADR? Do you need to proceed straight to a trial? These are questions you can ask an experienced divorce lawyer in Georgia.
You Can Try Again
If mediation fails, you do not necessarily need to proceed with litigation. Instead, you can simply try a second round of mediation, perhaps with a different mediator. This could be in both spouses’ best interests, particularly if they are serious about saving money.
That being said, the more you attempt and fail ADR, the higher your legal fees will become. Each failed attempt represented wasted time and money, and at some point, a trial becomes most cost-effective. As a result, spouses should be realistic about the chances of success when they try mediation for a second or third time.
You Can Try a Different Form of ADR
You might also want to choose a different form of ADR. The structure of mediation may not have worked, and a different approach may provide better results. One option is collaborative law, a process that allows each spouse to bring their own lawyers to the negotiation table. These lawyers oversee the negotiation process, and their direct assistance may prove more helpful for spouses.
Another option is arbitration. Unlike collaborative law and mediation, arbitration results in legally binding decisions. In other words, there is no chance that this process will “fail.” However, there is also no guarantee you will like the final decisions made by your arbitrator. If you genuinely want to avoid a trial, arbitration might be a helpful step after failed mediation.
Litigation May Be the Only Option
At the end of the day, additional rounds of ADR may make little sense. If you and your spouse have already demonstrated an inability to negotiate effectively, litigation may be the most logical option. Perhaps your ex has shown that they cannot negotiate in good faith. Perhaps you and your ex have reached an impasse during the negotiations that you can’t seem to overcome.
This might be a disagreement about child custody, the family home, or another high-conflict issue. When both spouses are unwilling to budge, a judge may be the only person who can step in and make the final decision. Speak with a lawyer to determine whether it makes sense to proceed with litigation.
Can a Divorce Lawyer in Georgia Help Me?
A divorce lawyer in Georgia may be able to help if you are searching for ways to end your marriage without going to court. Even if mediation fails, you may be able to attempt different forms of ADR. That being said, sometimes it is necessary to accept the inevitability of a trial. Contact Lankford & Moore Law today for more information about the next potential steps.
