What Happens Next if Mediation or Collaborative Divorce Doesn’t Work?~ 3 min read

If Mediation or Collaborative Divorce does not lead to an agreement, your case moves into the court system. A judge may require more Mediation, issue temporary orders, and ultimately make decisions for your family. You lose control over the outcome, your case becomes public, and the process becomes more expensive.

When Mediation or Collaboration Does Not Lead to a Full Agreement

Mediation and Collaborative Divorce are highly successful for most families, but there are times when they do not result in a full agreement. This may happen because emotions are running high, one spouse refuses to participate, or progress stalls for reasons outside of your control. When this occurs, your case shifts from private discussions to the formal court system.

What It Means to Enter the Court System

Once your case moves into court, the judge becomes the decision-maker. Even if you still want to settle, you must now follow the court’s procedures, timelines, and requirements. Your attorney begins preparing for hearings, exchanging documents under formal rules, and filing the necessary paperwork. This increases both the time and cost involved.

Your privacy also changes. Court filings become public, which means personal and financial information may appear online. Judges can also issue temporary orders while the case is pending, such as counseling requirements or financial responsibilities. These orders may not reflect what either parent prefers, but you are required to follow them. If you still cannot reach an agreement, the judge ultimately issues a final order that may feel more standard and less tailored to your family.

How Mediation Moves Your Case Forward

Even if your first attempt at Mediation does not settle everything, the work you did there still helps your case progress. Once you enter the court system, a judge may require you to attend another Mediation session. This second attempt is still part of the court process, which means court deadlines, procedures, and paperwork requirements continue while you are trying to reach an agreement.

Even so, Mediation can still help lower conflict, clarify issues, and resolve smaller disagreements, which reduces the amount of time spent in court or subpoenaing information. It also gives you and your spouse another chance to talk through options in a calmer setting. Judges often see meaningful progress during court-ordered Mediation, even when the first attempt did not result in a full settlement.

Contact Family Ally

If Mediation or Collaborative Divorce is no longer moving your case forward, Family Ally can help you review your options and plan your next steps. Call Jennifer Piper at 314-449-9800 or contact us online to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.

FAQ’s

1. Can a judge require us to try Mediation again?
Yes. Judges frequently order additional Mediation before allowing a case to move toward trial.

2. Will my information become public if we go to court?
Yes. Court filings are public in Missouri, which means personal and financial details may appear online.

3. Do cases settle even after Mediation initially fails?
Yes. Families often reach agreements later in the process, especially after exchanging more information or attending additional Mediation.

4. Does the judge have full control if we cannot settle?
Yes. When parents cannot agree, the judge makes the final decision, which may feel less personalized and more standard than an agreement crafted through Mediation or Collaborative Divorce.