In the event that a mediation fails, what should be done next?
As a mediator, I am always optimistic that my clients will be able to find appropriate resolutions to all of their concerns. Unfortunately, this is not always achievable, either owing to circumstances beyond their control or a stalemate. This is not always feasible due to the fact that it is not always feasible.
Even when parties are unable to achieve an agreement on all of the issues at hand, there are still advantages to having tried Mediation Ashford, including the following:
- If communication has been an issue, Mediation Ashford sessions may have helped, even if not as much as everyone would have liked. Even a small step in the right direction is still a step.
- Disclosure of financial information will have been obtained and exchanged, which, because the mediator is able to supply it, will be useful in the later phase of whichever technique the couple chooses to utilise to resolve their financial difficulties. It is conceivable that attorney negotiation is all that is necessary to break a stalemate or address an issue that could not be resolved through Mediation Ashford. This would be the optimal course of action.
- It is fairly unusual for parties engaged in the Mediation Ashford process to develop sentiments of empathy and compassion for one another, which can have a positive impact for months or even years after the process has completed.
- If there are still specific issues to be resolved, arbitration or another form of dispute resolution may be the next step. If other matters have been resolved, this process will be much quicker and simpler.
- Both parties will have listened to and, ideally, grasped the other’s concerns, desires, and priorities following a dialogue regarding the challenges surrounding either the child custody arrangements or the financial conflicts. This will make it simpler for future decisions to be centred on strategies that are acceptable to all parties concerned.
- Children who participate in the Mediation Ashford process have the opportunity to have their voices heard. Therefore, regardless of whether a resolution is achieved, the children will be aware that their parents are aware of the wishes that they have decided to pass on, and they will be aware of this regardless.
If negotiations on issues have failed with or without the assistance of solicitors during the Mediation Ashford process, the lawyers will be aware of the areas of dispute and will therefore be in a better position to advise on the likelihood of success, the risk of litigation, and the light costs that may follow, which may aid in making decisions that are proportionate moving forward. If conversations on topics have failed, with or without the help of attorneys throughout the mediation process, the lawyers will be cognizant of the areas of contention.
Following the completion of the Mediation Ashford session, the following can aid with outstanding issues:
- Solicitor negotiation
- Conversations around a round table
- FDRs for individual usage
Alternatively, there is always the legal system.
The utilisation of traditional mediation, hybrid mediation, or kid-inclusive mediation appears to have nothing but good repercussions for the parties concerned. If you would like to speak with us about the benefits of mediation or the possible repercussions if Mediation Ashford fails to resolve some or all of the issues, please contact us.