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What happens next if an Agreement is not reached at Mediation

We had a Mediation but didn’t get final agreement, What Now?

Even if you did not reach agreement on all issues at mediation, usually you will have reached agreement on some issues or at least clarified the position of the other party.

Reaching agreement on some issues or at least clarifying the position of your spouse should help you better prepare for court proceedings.

If you haven’t reached agreement at the end of the mediation session, depending on what has occurred, the mediator may explain some options that are available to you.

The mediator will usually either:

  • End the session and the mediation process completely; or
  • Make another time for further Mediation session or to continue the Mediation, perhaps for example after some documents about certain issues are obtained and disclosed to the other party.

 



 

There are many reasons you might not reach agreement at Mediation. Sometimes it can be as simple as one party not being ready either emotionally or practically, with having all the documentation, disclosure or advice they feel they need.

Accordingly it is common that parties will attend a second Mediation, especially if the first Mediation session was conducted very early on after separation.

 

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