When mediation fails – what’s next?
Mediation is often considered a constructive avenue for resolving disputes, but what happens when it doesn't quite hit the mark? At Genuine Legal, we understand the frustration that can accompany a failed mediation. However, before heading to court, there are friendlier and more cost-effective steps you can take. In this guide, we will explore the next best options to pursue after mediation falls short.
Reflect on the Mediation Process:

If mediation fails, take a moment to understand why. Reflect on each person's arguments, jot down their perspectives, and identify their desires. This insight can pave the way for future negotiations without resorting to the courts.
Find Positives in the Experience:

Even a failed mediation can be a valuable learning experience. Step back, breathe, and acknowledge that not everything is lost. Knowing the other party's arguments and desires can facilitate a smoother resolution process. Remember, not every issue goes unresolved in mediation.
Consult with Your Family Lawyer:

Rather than abandoning the process, collaborate with your family lawyer to analyse the reasons behind the failed mediation and strategize on how to overcome obstacles.
Address Emotional Issues:

If emotions derail the mediation, consider seeking counselling. Emotional turmoil can hinder negotiations, and counselling can provide a space for parties to work through these issues individually. Once emotions are in check, negotiation becomes more feasible.
Lack of Disclosure:

If the mediation faltered due to a lack of financial disclosure, seek mutual disclosure and attempt to revisit the matter. Consult with your family lawyer on the possibility of court orders if the other party fails to comply.
Reassess Positions if Too Far Apart:

If parties remain far apart, reassess your position and understand the root cause of the disagreement. Consult your family lawyer to explore options like arbitration, a more cost-effective alternative where a third party makes binding decisions.
Intractable Conflict:

If high conflict persists, reassess positions and seek an objective opinion from your family lawyer. If the other party remains uncooperative, filing proceedings might be an unfortunate but necessary step.
Our team is here to guide you, offering insights into the most suitable path for resolution. For any questions or assistance, feel free to reach out to us – we are dedicated to finding the best way forward for you.
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