What Happens If We Can't Reach an Agreement in Mediation?

While mediation has a high success rate, it's natural to wonder: What if we can't agree? The good news is that mediation doesn’t have to be “all or nothing” to be useful. Even partial agreements can save time, money, and emotional stress.

Partial Agreements Can Still Help:
Maybe you can’t agree on everything—but if you can resolve even a few major issues (like parenting time or dividing certain assets), you’ll enter any potential court process with a shorter list of contested items.

Mediation Can Be Paused and Resumed:
If discussions get stuck, you don’t have to give up. Sometimes taking a break, gathering more information, or working individually with attorneys can help move things forward later. Many mediators offer follow-up sessions to help couples continue progress after reflection.

Unresolved Issues May Go to Court:
If certain disputes can’t be resolved in mediation, those issues may be decided by a judge. Still, the issues you've already settled through mediation will typically stand—and that can reduce the scope, cost, and duration of any court involvement.

Mediation Can Still Reduce Stress:
Even when full resolution isn’t reached, the process can provide clarity, improve communication, and reduce long-term animosity—especially when children are involved.

Ultimately, the effort put into mediation is rarely wasted. Every step you take toward cooperation now can save you emotional and financial strain down the line.

DISCLAIMER
This article contains general information and general opinions from Higher Road and is not intended to be a source of legal advice for any purpose...

Not sure how far mediation will take you? Schedule a consultation with Higher Road to explore your options.