Regarding: Mediation Wasn’t Successful, Now What?
Your mediation either was not successful at all, or it resulted in only a partial agreement. This letter is a short, general explanation regarding what happens now.
If mediation did not result in any agreement, we will move forward as if we are going to trial. Preparing for trial can require any number of things, depending on your case. For example, if we haven’t had Temporary Orders yet, we will argue those in front of the Court. If a custody evaluation is necessary to address custody and parent-time, we will start that process. We will also continue the discovery process, which is the process by which we ask questions to and requests documents from the other side. We may also need to depose people. We may not do all of these things in preparation for trial, but we will do what is necessary in your case to maximize your chances for success at trial.
At this point, we should point out an unsuccessful mediation does not mean your case will not successfully settle. Only about 2% of cases go to trial. Often, an unsuccessful mediation is simply part of the process that leads to successful settlement before trial. We may reach settlement through another mediation, or through less formal negotiations as things move forward. Moreover, many times people will talk to each other and reach an agreement we as attorney then write up for everyone to sign.
If mediation resulted in a partial agreement, then we won’t have to negotiate the agreed-upon part of the case anymore. For example, if mediation resulted in an agreement regarding custody and parent-time, but you did not agree on child support and alimony, then custody and parent-time are taken care of. We would only need to move forward on the unresolved issues, i.e., alimony and child support. For those unresolved issues, we will move forward as if we are going to trial. So, while the issues will be narrowed because some are already successfully negotiated, we will fully prepare the other issues for trial. Again, most cases are successfully negotiated before trial, so there is still a very good chance you will reach a full settlement before trial. If not, however, we’ll be ready.
Hopefully, this letter has helped explain how things will move forward. If you have any questions regarding your case, please call 801-685-9999.
/s/ Marco Brown