Yes, you can back out of mediation. Divorce mediation is a voluntary process that you can use to resolve your marital disputes. You are not required to mediate. However, if you agree to mediate and then decide that you don’t want to participate in mediation, you may still be held responsible for any costs incurred by the other party or by the court system.
If you decide that you don’t want to go through with the mediation process, you should inform the other party and the mediator as soon as possible. You should also take steps to avoid any further costs associated with this dispute.
What If I'm Not Sure Whether Or Not I Want To Mediate?
If you have questions about whether divorce mediation is right for your case, it’s best to ask them before signing up for a session. Usually, this will be at your initial consultation with the mediator. If you’re having second thoughts after signing up for mediation, it’s fine to ask for some more information before proceeding. It’s also acceptable to ask about the possibility of backing out after completing one or two sessions as long as it has been made clear from the start that this is possible.
Will Withdrawing From Mediation Make Me Look Bad?
So, you may be wondering if it makes you look bad to withdraw from mediation. To get a better idea of the answer to this question, you need to look at why a couple would want to withdraw from mediation. If they want to withdraw without any good reason, then you may have to explain to a judge why you were unwilling to cooperate. However, if there was a problem — such as financial issues — then withdrawing from mediation would not necessarily reflect badly on anyone in particular. Some other reasons you might want to back out of mediation include:
One or both parties are unwilling to compromise;
One part does not want to divorce;
There is an imbalance of power between the parties (such as cases of physical abuse);
The divorce is heated and no communication is possible.
You're Not Forced To Mediate If You Don't Want To.
If you’re one of the many people who have had to go through the process, then you should know that there is likely no penalty for backing out. Usually, both parties will simply be asked to submit their own individual demands for a settlement. Of course, if something happens between now and your mediation date and you really feel like you need to back out, there’s nothing stopping you from doing so—
If you decide to back out of mediation, give the other party advanced notice that you need to terminate your participation in the process. Tell them why you are backing out and discuss whether they are willing to provide alternative options going forward. The parties may still be able to come to an agreement outside of the mediation process, but it is not guaranteed and only suggested as a last resort.