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How to proceed when your spouse refuses mediation

On Behalf of | Nov 8, 2023 | Divorce |

In Maryland, divorce can involve many emotions and challenges that make it difficult to reach an agreement on issues such as finances and children. When both parties agree to mediation, they can often reach more amicable and cost-effective solutions. However, when one spouse resists or refuses to go through mediation, there are ways to address this common dilemma.

Open communication

Coming to an agreement or understanding begins with open communication. Initiate open, honest conversations with your spouse about their fears and concerns and express any of your own. You may also choose to consult with a professional who can facilitate the discussion and provide unbiased views on how mediation can benefit both parties.

Explore middle ground solutions

If one spouse refuses to participate in mediation, consider alternate dispute resolution methods such as arbitration. This process includes a third party that acts as a decision-maker to help guide and manage the process. Another alternative, collaborative divorce, involves attorneys and other professionals who work with both spouses to resolve disputes and work through issues while avoiding court.

Dealing with the specifics

Certain aspects of the divorce may require special attention or expertise as you work through negotiations. Financial matters may require assistance from financial experts, especially for complex assets and tax planning, to ensure that each party receives equitable treatment. Child custody and support may also need specialized help from a parenting coordinator or other professional to address the unique aspects of your situation.

Legal actions

If you have tried to work with your spouse and they still resist, you may need to file a petition for divorce and keep the door open to revisit mediation later. Prioritize your children’s well-being and your financial stability in the interim, and stay focused on solutions that align with your needs and values.

Many spouses reject the idea of mediation in the initial stages of divorce. However, flexibility and willingness to consider mediation in the future can ease the process and lead to a less adversarial divorce.


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