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What will happen if divorce mediation efforts fail?

Sometimes, even the best ideas do not work out the way we expect them to. Ending a marriage by way of divorce mediation succeeds more often than it fails, but there are instances when it simply does not work for some couples.

Perhaps one spouse had unrealistic expectations about mediation and, in the end, just could not cooperate with the other spouse. The question at this point is what can you expect to happen if your attempt at mediation fails?

If a New York family law court ordered you and your spouse to try mediation, you will have to report to the judge who handed down the order. Don't worry. Judges are perfectly aware that mediation does not always work out. You won't face any kind of punishment if your efforts fail.

Instead, the judge will probably ask if you wish to try mediation again. In many cases, additional attempts to mediate a divorce results in success.

Regardless of whether you are trying mediation on your own or because of a court order, try not to feel like a failure if your talks break down. Adopting a negative attitude can have a profound effect on your efforts going forward. If your mediation attempt does not work the first time around, have a candid discussion with your attorney and reevaluate your position.

With guidance from your lawyer, you can determine whether to mediate again or pursue a litigated divorce. Whatever you decide to do, it is wise to have a legal professional by your side to help you avoid mistakes and end your marriage as painlessly as possible.

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