When Divorce Mediation Fails

BLOG

When Divorce Mediation Fails

Divorce mediation is an excellent alternative to traditional divorce litigation. Mediation typically costs less, works faster, allows complete customization of your settlement, reduces conflict, and teaches negotiation skills you can use throughout your life. As great as divorce mediation is, it isn’t successful in every case. So what do you do when it doesn’t work?

The first course of action is to talk to your attorney. You may have reached agreement on some components of your settlement and if you have, that will save you time and money no matter where you go from here. Even if mediation has only resulted in agreement on a temporary basis, you still have a great place to start.

You may want to try working with another mediator. Even though divorce mediators are neutral third parties, each is an individual with unique skillsets and approaches. Talk with your attorney about what was not working for you in the process and he or she may be able to recommend a different mediator. Sometimes, even simply making the change to a new location and a slightly different procedure can be enough to jumpstart the process.

Consider other alternative dispute resolution options, such as collaborative divorce. In this process, you and your ex each work with a collaboratively trained lawyer. In collaborative divorce, the lawyers and clients agree not to begin litigation in court until a complete settlement of all issues is reached. Having a collaborative lawyer advocating for you and offering possible solutions may bring you to a resolution quickly and give you that extra assistance you need to bring things to a close.

You can always return to the litigated divorce process if these alternatives fail. Most divorces settle before trial and it is possible that the groundwork you laid in mediation will allow yours to settle quickly through this process.

DeTorres & DeGeorge provides divorce mediation and collaborative divorce representation, as well as traditional divorce representation. Call us now.

Divorce Guide
Erin D. DeGeorge
Erin D. DeGeorge joined DeTorres & DeGeorge, LLC as partner to the firm in June of 2010. Prior to joining DeTorres & DeGeorge, Erin was associated with the national firm of Fox Rothschild LLP and Cutler, Simeone, Townsend, Tomaio & Newmark, LLC...
Tagged with: , ,
Share on:

knowledge & insights

Children and woman carrying moving boxes

Working With a New Jersey Child Relocation Attorney: The Post-Bisbing Standard

Once your divorce is finalized, you may feel ready for a fresh start.  That might include new friendships, a new relationship or starting a new career.  Any of these changes can result in a desire or even the necessity to relocate.  So here’s what you need to know. If you don’t have...

February 4, 2026 Read More

Retirement plan papers on a desk with a calculator and pen

Our NJ Guide to the QDRO Process

At its core, a divorce is a legal process that not only ends a marriage but also divides shared property. When sorting out the details of a final divorce judgment, the court will consider financial assets and liabilities that have or will continue to accumulate before, during, and after your...

February 1, 2026 Read More

Woman drawing a dollar sign graphic.

How to Financially Prepare for a Divorce

Divorce is a complicated process that can stretch over many months or even over the course of a year or more.  Your financial obligations during this time, however, will not be put on pause.  So it’s extremely important to know how to prepare for a divorce financially. Bills will need to be...

December 9, 2025 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top