What to Do After an Unsuccessful Mediation?

There is no such thing as a bad mediation! Watch my video and discover for yourself how you can make the most out of your mediation even when it's unsuccessful.

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Timestamps:
00:00 Introduction
00:07 What to Do After an Unsuccessful Mediation?
02:45 Outro

Watch the Video in English:
What to Do After an Unsuccessful Mediation?
   • What to Do After an Unsuccessful Medi...  

Mira el video en español:
¿Qué hacer después de una mediación que no tiene éxito?
   • ¿Qué hacer después de una mediación q...  

**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**

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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.

The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.

The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 329-0441. We are open from 9AM to 5PM, Mondays to Fridays.

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Transcript:
Hello and welcome to our show 60 Seconds with Sergio.
I am your host, Sergio Cabanas, Attorney-at-Law here in Florida.
Thank you for joining us today.
Today's question is: Sergio, I have a divorce, or a Family Law matter, where we attended a mediation but it wasn't successful.
What should I do now?
Well, first let's be clear on what a mediation is.
A mediation is basically a meeting where all the parties get together, to meet with an independent, impartial third party, known as a mediator.
The purpose of the mediation is discuss ways in which your case can be settled out of court, without any further litigation.
Most Family Law cases, including divorce cases, settle before trial.
Often at mediation.
Of course, there are cases that do not settle despite the mediation.
That's what we call an impasse.
If you find yourself in this situation in an impasse situation, don't lose hope.
To me, there's no such thing as a bad mediation because it's a valuable resource of information for making the best decisions and achieving the best results possible in your case.
When a case does not settle at mediation, I usually write out each of the issues that were discussed at the mediation, along with the other side's argument.
Then I analyze the issue to determine the likelihood of the judge ruling in my favor, versus in favor of the other party.
And I put the percentage of success of each of these issues if the case goes to trial.
For example, let's assume you have a divorce case and one of the issues is whether a house is considered a marital asset, which must be sold with the proceeds divided between the spouses, versus a non-marital asset that really belongs to one of the spouses and is not subject to a marital division.
During the mediation, I then document each side's argument on that particular issue.
Then I put a percentage of success on the likelihood that the judge will rule on that issue one way or the other.
This exercise helps me make an intelligent decision on the next steps.
Including whether to take the case to trial, or redouble your efforts to settle.
Of course, it's important to have an experienced attorney guide you through this process to give you the information you need to make the best decision possible.
If you find that there's a high probability of success, then you know you're making the best decision on going to trial and investing your time, money and effort, in a trial.
You then know that the trial is the best chance of reaching the optimal results in your case.
On the other hand, if you feel that