What Happens When Mediation Fails in a Family Law Case?
If you are facing a family law case, such as divorce, a specific term of divorce, or child custody outside of marriage and divorce, it directly affects your family, which makes it of critical importance. If your attempts to negotiate mutually agreeable terms led you to unsuccessful mediation, the next step is very likely to take your case to court. If this is the challenging position you find yourself in, it’s time to consult with an experienced Forsyth County family law attorney at Banks, Stubbs & McFarland.
When a Family Law Case Moves to Litigation
It’s important to note that not every mediation experience is exactly the same. If you and your ex are both committed to resolving your family law concern between yourselves and believe that you have not exhausted the possibility of mediation, you can try again. For example, if you think having a different mediator could make a difference or if you have retained skilled legal counsel whom you believe can make a difference, another go at mediation may be a viable option.
What it Means to Put Your Case in a Judge’s Hands
Generally, when a couple is unable to resolve all relevant terms at mediation, they proceed to court. For example, if your ex refused to consider reasonable compromises during mediation, further attempts to negotiate are unlikely to make a difference.
At this point, your case will likely head to court, which means giving up the right to make critical decisions on your own behalf. In court, the presiding judge will consider the specifics introduced in your case and will hand down orders that reflect the law in response.
Important Factors to Understand About Family Law Litigation
Key points to keep in mind regarding litigation include the following:
- The judge will base their decisions on the information provided, but ultimately, they’ll know relatively little about you and your unique case.
- Nobody is better positioned to make critical decisions regarding your family than you are.
- The terms ordered will directly affect your life moving forward, which makes them of primary importance.
In other words, there are many reasons for keeping your family law case out of court, but there are also situations when doing so simply isn’t an option.
The Role of Your Family Law Attorney After Mediation
If you are heading to court, the stakes are exceptionally high. For example, child custody, child support, and the division of marital property are common concerns. This makes working closely with an accomplished family law lawyer paramount. Your formidable legal representative will spare no effort when it comes to building a strong case that bolsters your parental and financial rights and skillfully advocating for these rights.
Turn to an Experienced Forsyth County Family Law Lawyer for the Help You Need
The compassionate Forsyth County family law attorneys at Banks, Stubbs & McFarland recognize the significance of your case once mediation is complete, and we are committed to applying the full force of our legal expertise to secure favorable terms. Contact us online or call 770-887-1209 today.