LES WALLERSTEIN
Divorce Mediator & Counselor at Law

“Agree, agree, the law is costly.” Fables of Aesop

QUESTIONS

What happens if we can’t reach an agreement in mediation?

Divorce mediation always occurs in the “shadow of the law.” When couples cannot reach an agreement on the terms of their divorce, a judge is empowered to impose a “settlement.” Therefore, divorce mediation only succeeds when both spouses actively make a good-faith effort to reach agreement. With no legal obligation to resolve their differences, each spouse’s genuine commitment to achieve a fair and reasonable agreement is essential for their divorce mediation to succeed.