What Happens if Mediation Fails?

by Wendy Alton

It looks like the judge will have to decide the fate of the Dodgers after all. While Frank & Jamie McCourt are waiting for the judge’s ruling in their divorce case, they agreed to meet again with a mediator to see if they could settle their differences.

After lengthy mediation sessions, the mediator submitted a proposed divorce settlement to both Frank & Jamie McCourt, and they had until noon on Tuesday, November 30, 2010, to either accept the settlement or reject it. Frank McCourt accepted the proposal, but Jamie rejected it.

While it is true that many divorce cases can settle during mediation, it is also true that some do not. In Michigan, people going through a divorce will often be required to go to mediation during their case. However, the mediator cannot force a settlement. The mediator can only try to assist both people in coming to a mutual agreement on their issues. If no agreement is reached, mediation is concluded and the case continues.

Sometimes this means that the case will continue to trial. Often, though, the case will still settle privately, as a good mediator will assist each person in seeing both sides of the issue, and also assist them in understanding how their judge will see the issues.

As far as the Dodgers go, this appears to be the last chance for any type of private settlement, as both Frank and Jamie McCourt have dug in their heels. Even though Frank accepted the mediator’s proposal, the proposal is not final unless both of them accept it. Jamie McCourt appears to want the judge to make the final decision, and that should be expected within the next couple of months.

You can read the LA Times article here: Jamie McCourt rejects divorce settlement proposal.

If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.