We have written on this blog about some of the benefits of using mediation in the divorce process rather than pursuing divorce as an adversarial process. The benefits, as we’ve noted include things like privacy from the public eye, reduced costs, and better collaboration and self-determination for the couple. Although these benefits can be very real, not every couple is suited for mediation.
In our last post, we mentioned that mediation is just not always successful. There are, of course, various reasons why mediation can and does fail. In some cases, failed mediation efforts can be a good thing, particularly when the only possible way to resolve the issue in mediation is for one side to agree to less than satisfactory terms.