In many states, including Illinois, divorcing couples with children are required by law to attend divorce mediation in an attempt to come to custody, financial and other child-related agreements. Some couples are able to find success by mediating, and all that’s left to do is for their attorneys to draw up an official agreement and submit it to the courts. However, while the process works for some divorcing couples, it is not uncommon for no settlement at mediation, and at that point, they begin the litigation process.
Possible Reasons for No Settlement at Mediation
In my experience, there are a multitude of reasons why mediation may result in no settlement. Here are 3:
1. Emotions and Egos of the Parents:
Nobody gets divorced because everything in their family life is going as they had planned, hoped or wanted. That’s why divorce mediation is often highly emotional, and can be fueled
If disputes aren’t settled by negotiation, they will be concluded both by courtroom litigation or an alternative type of dispute decision. The most common different strategies are arbitration and mediation. The former is usually stipulated as the preferred technique in business contracts, and is actually a personal court docket, while the latter is mostly achieved by structured negotiations between the events, overseen by an independent mediator. These strategies can still be problematic: arbitration is almost as costly as litigating, mediation is not essentially enough for complicated matters, and some argue that opponents can use different dispute decision as a means of ‘bleeding’ money from each other or as covert interrogation.